WASHINGTON–The on again, off again status of Todd Harper’s and Tanya Otsuka’s status as members of the NCUA board is off again.

On July 25, the United States Court of Appeal for the District of Columbia ruled that the district court’s summary judgement order, dated July 22, 2025, be “administratively stayed pending further order of this court.”

“The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion,” the ruling by judges Patricia Millett, Cornelia Pillard and Neomi Rao reads. 

Harper and Otsuka have until July 4 to file their response to the emergency motion and the appellants, the U.S. government, has until Aug. 11 to file any reply.

The ruling means that the NCUA board is, for now, back to one member, Chairman Kyle Hauptman, the Republican appointee.

Participants in Meeting

The two Democratic members of the board, Harper and Otsuka, were fired in mid-April by President Trump. They file suit in late April arguing there is no provision with the Federal Credit Union Act allowing a president to fire members of the NCUA board.

Judge Amir Ali of the United States District Court agreed in a ruling on July 22, allowing Harper and Otsuka to participate in the NCUA board meeting of July 24.  Their status now awaits a further ruling in the Court of Appeals or, ultimately, by the Supreme Court. 

The NCUA board does not have a meeting scheduled for August. 

The full story on the court ruling that restored the two members to the NCUA board can be found here.