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.

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.