Trump Administration Seeks Supreme Court Permission to Fire Leading Copyright Official
The ex- president's government on Monday petitioned the US Supreme Court to permit the removal of the director of the US Copyright Office.
This urgent appeal comes about a month and a half after a national appellate court in Washington decided that the director, Shira Perlmutter, could not be solely fired.
Almost one month ago, the entire District of Columbia appeals court refused to review that ruling.
This legal matter is the latest in a series of cases concerning executive authority to place preferred heads at federal agencies.
The Supreme Court has generally permitted such dismissals, even as legal challenges proceed.
However, this particular matter involves an bureau inside the national library. Perlmutter serves as the register of copyrights and also advises the legislature on intellectual property matters.
The government's top lawyer, D John Sauer, argued in the legal document that, regardless of connections to the legislative branch, the register “wields administrative power” in overseeing copyrights.
Perlmutter claims she was terminated in May because the former president disagreed with recommendations she gave to Congress in a report concerning artificial intelligence.
She reportedly received an email from the administration informing her that her role was “terminated effective at once,” as stated by her staff.
A divided appellate group ruled that Perlmutter could keep her job while the legal dispute proceeds.
“The Executive's alleged obvious interference with the duties of a congressional officer, as she performs statutorily approved responsibilities to counsel Congress, strikes us as a breach of the separation of powers,” wrote Judge Florence Pan for the appeals court.
Judge J Michelle Childs joined the ruling. Both judges were nominated to the appellate court by Democratic President Joe Biden.
In opposition, Judge Justin Walker, a Trump appointee, argued that Perlmutter “exercises administrative authority in a host of ways.”
Perlmutter's lawyers have argued that she is a well-known intellectual property specialist. She has acted as register of copyrights since former head librarian Carla Hayden selected her to the position in October 2020.
The former president appointed assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had fired Hayden amid complaints from right-leaning groups that she was promoting a “woke” agenda.