Former President Trump's Administration Seeks High Court Permission to Fire Top Copyright Official
The ex- president's administration on Monday petitioned the nation's highest court to allow the termination of the director of the US Copyright Office.
This emergency request comes about six weeks after a federal appeals court in Washington ruled that the director, Shira Perlmutter, could not be solely dismissed.
Nearly four weeks ago, the full District of Columbia circuit court refused to review that ruling.
This legal matter is the latest in a line of cases concerning executive power to place chosen heads at federal agencies.
The High Court has generally permitted such actions, even as legal disputes proceed.
However, this particular case concerns an bureau within the Library of Congress. Perlmutter serves as the copyright registrar and also counsels Congress on intellectual property issues.
The government's top lawyer, D John Sauer, argued in the filing that, despite ties to Congress, the register “exercises administrative authority” in overseeing intellectual property rights.
Perlmutter claims she was fired in May because the former president disagreed with recommendations she gave to lawmakers in a report related to AI.
She reportedly received an email from the administration notifying her that her role was “ended starting at once,” according to her staff.
A divided appeals court group decided that Perlmutter could retain her position while the legal dispute moves forward.
“The Executive's alleged obvious interference with the work of a Legislative Branch officer, as she carries out legally approved duties to counsel Congress, strikes us as a violation of the division of government authority,” stated Judge Florence Pan for the appeals court.
Justice J Michelle Childs supported the ruling. Both judges were appointed to the appeals court by Democratic President Joe Biden.
In dissent, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “uses executive authority in a host of manners.”
Perlmutter's lawyers have contended that she is a renowned copyright specialist. She has acted as register of copyrights since former librarian of Congress Carla Hayden selected her to the position in October 2020.
The ex-leader appointed deputy attorney general Todd Blanche to replace Hayden at the national library. The administration had dismissed Hayden following complaints from conservatives that she was advancing a “progressive” agenda.
