Former President Trump's Team Seeks High Court Approval to Dismiss Leading Copyright Director
The former president's administration on Monday requested the US Supreme Court to allow the termination of the head of the US Copyright Office.
This emergency request comes roughly six weeks after a national appellate court in Washington decided that the official, Shira Perlmutter, could not be unilaterally fired.
Nearly four weeks ago, the full District of Columbia circuit court refused to review that decision.
This case is the most recent in a series of cases concerning presidential authority to place preferred leaders at federal agencies.
The High Court has mostly permitted such actions, even as legal challenges proceed.
However, this particular matter concerns an office within the Library of Congress. Perlmutter acts as the register of copyrights and also counsels the legislature on intellectual property issues.
The solicitor general, D John Sauer, stated in the legal document that, regardless of ties to the legislative branch, the register “exercises administrative authority” in regulating copyrights.
Perlmutter alleges she was fired in May because the ex-leader disapproved with advice she gave to Congress in a document related to artificial intelligence.
She allegedly got an email from the administration notifying her that her position was “terminated effective at once,” according to her office.
A divided appellate panel ruled that Perlmutter could retain her job while the legal dispute proceeds.
“The Executive's alleged obvious interference with the work of a Legislative Branch official, as she carries out statutorily approved duties to counsel Congress, appears to be a breach of the division of government authority,” stated Judge Florence Pan for the appellate panel.
Judge J Michelle Childs supported the opinion. Both judges were appointed to the appeals court by Democratic leader Joe Biden.
In opposition, Judge Justin Walker, a Trump appointee, wrote that Perlmutter “uses executive power in a variety of ways.”
Perlmutter's lawyers have argued that she is a well-known copyright specialist. She has acted as register of copyrights since former librarian of Congress Carla Hayden appointed her to the role in October 2020.
The ex-leader appointed deputy attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had fired Hayden following criticism from conservatives that she was advancing a “woke” agenda.
