No. 25-367

Todd M. Harper, Individually and in His Official Capacity as a Member of the National Credit Union Administration Board, et al. v. Scott Bessent, Secretary of the Treasury, et al.

Lower Court: District of Columbia
Docketed: 2025-09-29
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: administrative-law agency-governance executive-authority federal-courts removal-power separation-of-powers
Latest Conference: 2025-11-21
Question Presented (from Petition)

This Court in Humphrey's Executor sustained restrictions on the removal of Commissioners of the 1935 Federal Trade Commission, and it has since reaffirmed that this precedent covers certain other multi-member boards. Separately, this Court has stated that removal protections may be sustained for certain agencies that follow in the "distinct historical tradition" of the First and Second Banks of the United States.

The questions presented are:

1. Whether Congress did and can constitutionally limit the Executive's authority to remove members of the National Credit Union Administration Board, which follows in the same distinct historical tradition as the Federal Reserve.

2. Whether a federal court may reinstate or prevent a person's removal from membership on the National Credit Union Administration Board, either through relief at equity or at law.

Question Presented (AI Summary)

Whether Congress can constitutionally limit the Executive's authority to remove members of the National Credit Union Administration Board and whether a federal court may reinstate or prevent such removal

Docket Entries

2025-11-24
Petition DENIED.
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-28
Waiver of Federal Respondents of right to respond submitted.
2025-10-28
Waiver of right of respondent Federal Respondents to respond filed.
2025-09-30
Letter of Todd M. Harper, et al. submitted.
2025-09-30
Letter of September 30, 2025 from counsel for petitioners filed.
2025-09-29
Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners.
2025-09-25
Petition for a writ of certiorari filed. (Response due October 29, 2025)

Attorneys

Federal Respondents
D. John SauerSolicitor General, Respondent
Todd M. Harper, et al.
Vincent Gregory LevyHolwell Shuster & Goldberg, LLP, Petitioner