Trump Administration Seeks Supreme Court Approval to Fire Top Copyright Official
The former leader's government on Monday petitioned the US Supreme Court to permit the termination of the director of the US Copyright Office.
This urgent appeal follows about six weeks after a national appellate court in Washington decided that the director, Shira Perlmutter, cannot be solely fired.
Nearly one month ago, the entire District of Columbia appeals court refused to review that ruling.
This case is the latest in a line of disputes related to presidential power to place preferred heads at government offices.
The High Court has mostly allowed such dismissals, even as court challenges proceed.
However, this specific matter concerns an bureau within the Library of Congress. Perlmutter serves as the register of copyrights and also counsels the legislature on copyright matters.
The solicitor general, D John Sauer, argued in the filing that, regardless of connections to Congress, the director “exercises executive authority” in regulating intellectual property rights.
Perlmutter claims she was terminated in May because the former president disapproved with recommendations she provided to lawmakers in a document concerning artificial intelligence.
She allegedly received an message from the administration informing her that her position was “ended effective immediately,” according to her staff.
A split appeals court group decided that Perlmutter could keep her position while the legal dispute proceeds.
“The Executive's claimed obvious interference with the work of a Legislative Branch official, as she carries out legally authorized responsibilities to counsel the legislature, strikes us as a violation of the separation of powers,” wrote Justice Florence Pan for the appeals court.
Justice J Michelle Childs supported the ruling. Both justices were appointed to the appellate court by Democratic leader Joe Biden.
In dissent, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “uses administrative power in a host of manners.”
Perlmutter's lawyers have contended that she is a well-known intellectual property expert. She has acted as copyright director since former librarian of Congress Carla Hayden selected her to the role in October 2020.
The former president appointed assistant attorney general Todd Blanche to succeed Hayden at the Library of Congress. The White House had fired Hayden following complaints from right-leaning groups that she was advancing a “progressive” agenda.
