Solicitor General's office at Main Justice in Washington
The U.S. Solicitor General’s Office has formally waived its right to respond to the Supreme Court petition filed by former NCUA Board members Todd Harper and Tanya Otsuka, signaling the next phase in their challenge to their removal by former President Donald Trump.
In a filing dated Oct. 28, the government notified the Court it would not oppose the petition for certiorari unless specifically requested to do so.
The petition, filed Sept. 25, asked the justices to hear the case before judgment from the U.S. Court of Appeals for the D.C. Circuit.
Harper and Otsuka argued that their removals violated statutory protections and the constitutional separation of powers. Their case is now one of two pending before the Supreme Court involving the scope of presidential authority to remove leaders of independent agencies. The other is Trump v. Slaughter, which challenged the removal protections for Federal Trade Commission commissioners.
With the D.C. Circuit placing the Harper/Otsuka appeal on hold pending resolution of Slaughter, the justices could decide to consolidate or prioritize the cases this term. The waiver does not signal a position on the merits, but it allows the Court to evaluate the petition unopposed, a move that sometimes precedes summary denial, though not always.
If the justices request a response, the government will be obligated to file one. A decision on whether the Court will hear the case could come before year’s end.
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