Trump Administration Asks Supreme Court Approval to Fire Leading Copyright Official
The former leader's government on Monday requested the nation's highest court to allow the removal of the head of the US Copyright Office.
This urgent appeal follows roughly six weeks after a federal appellate court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally dismissed.
Almost one month ago, the entire District of Columbia appeals court refused to review that decision.
This case is the latest in a line of disputes concerning presidential power to place preferred heads at government offices.
The High Court has mostly permitted such dismissals, even as legal challenges continue.
However, this specific matter concerns an office within the Library of Congress. Perlmutter serves as the register of copyrights and also advises the legislature on copyright issues.
The government's top lawyer, D John Sauer, stated in the filing that, despite ties to the legislative branch, the director “exercises administrative authority” in overseeing copyrights.
Perlmutter claims she was terminated in May because the ex-leader disapproved with recommendations she gave to Congress in a document concerning AI.
She reportedly got an message from the administration informing her that her position was “ended effective at once,” according to her staff.
A divided appellate panel ruled that Perlmutter could retain her job while the case moves forward.
“The administration's alleged blatant interference with the duties of a Legislative Branch officer, as she carries out legally authorized responsibilities to counsel the legislature, strikes us as a breach of the separation of powers,” stated Judge Florence Pan for the appeals court.
Judge J Michelle Childs joined the ruling. Both justices were appointed to the appeals court by Democrat President Joe Biden.
In dissent, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “uses administrative authority in a host of ways.”
Perlmutter's lawyers have argued that she is a renowned intellectual property specialist. She has acted as copyright director since former head librarian Carla Hayden appointed her to the role in October 2020.
The former president named assistant attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden following complaints from conservatives that she was advancing a “woke” agenda.