WASHINGTON—Fired NCUA board members Todd Harper and Tanya Otsuka have filed a petition with the U.S. Supreme Court requesting it grant certiorari before judgment in the case and to consider the case alongside Trump v. Slaughter.
As the CU Daily reported, the Supreme Court last week indicated that during its December argument session it would review the case filed by Rebecca Slaughter, who is challenging President Trump’s attempt to remove her as a commissioner of the Federal Trade Commission.
As the CU Daily also reported, oral arguments in Harper v. Bessent were originally scheduled for Nov. 21, but the D.C. Circuit Court of Appeals suspended them pending the Supreme Court review of Slaughter.
Expedited Consideration Sought
As America’s Credit Unions noted, Harper and Otsuka are also seeking expedited consideration, claiming the D.C. Court of Appeals-imposed stay keeping them off the board is preventing them from carrying out their statutorily mandated duties, including the March 2026 expiration of the NCUA’s 18% federal credit union interest rate ceiling.
The board must re-approve any rate above 15% every 18 months, the 18% ceiling has been in place since May 1987, and was most recently renewed in July 2024.
Harper and Otsuka are also arguing their firing, which took place in April, violates the Federal Credit Union Act.
