BALTIMORE —With two Democratic members of the NCUA board currently in court challenging their firing by President Trump, a federal judge has blocked the terminations of three Democratic members of the Consumer Product Safety Commission after they were also fired by the president.
In May, Trump fired the three Democrats on the five-member commission. They were serving seven-year terms after being nominated by President Joe Biden.
It is expected the ruling in favor of the three Democrats will be appealed.
Attorneys for the plaintiffs argued the case was clearcut, stating federal statute states that the president can fire commissioners “for neglect of duty or malfeasance in office but for no other cause” — allegations that have not been made against the commissioners in question, according to the Associated Press.
Statute ‘Unconstitutional,’ Attorneys Argue
“But attorneys for the Trump administration assert that the statute is unconstitutional because the president’s authority extends to dismissing federal employees who ‘exercise significant executive power,’ according to court filings,” the AP reported.
U.S. District Judge Matthew Maddox agreed with the plaintiffs, declaring their dismissals unlawful, after previously denying their request for a temporary restraining order, which would have reinstated them on an interim basis.
Arguments Heard in NCUA Case
Meanwhile, the U.S. District Court for the District of Columbia last week heard arguments from former NCUA board members Todd Harper and Tanya Otsuka related to their firings in April. The court also heard from the Department of Justice (DOJ) on behalf of the NCUA, with both parties filing motions for summary judgment.
As the CU Daily has reported, both Harper and Otsuka are seeking an injunction to be reinstated to the NCUA board and to nullify any actions taken by the one remaining board member, Chairman Kyle Hauptman, a Republican appointee.
Similar to the arguments being made in the case of the Consumer Product Safety Commission case, the administration is arguing the president can remove board members at will and that the Federal Credit Union Act lacks any language related to “for cause” removal of board members.
