Former President Trump's Team Asks Supreme Court Approval to Dismiss Top Copyright Director
The ex- president's government on Monday petitioned the US Supreme Court to allow the termination of the director of the US Copyright Office.
This urgent appeal comes roughly a month and a half after a federal appeals court in Washington decided that the official, Shira Perlmutter, cannot be unilaterally dismissed.
Almost four weeks ago, the full District of Columbia circuit court refused to reconsider that ruling.
This legal matter is the latest in a series of cases concerning executive power to place preferred leaders at government agencies.
The High Court has generally permitted such actions, even as legal challenges continue.
However, this particular case concerns an bureau inside the Library of Congress. Perlmutter acts as the register of copyrights and also advises the legislature on copyright issues.
The solicitor general, D John Sauer, argued in the legal document that, despite connections to the legislative branch, the director “exercises executive power” in overseeing intellectual property rights.
Perlmutter claims she was terminated in May because the ex-leader disagreed with advice she provided to Congress in a report related to AI.
She allegedly received an message from the administration notifying her that her position was “ended starting immediately,” according to her staff.
A divided appeals court panel decided that Perlmutter could retain her job while the case moves forward.
“The Executive's alleged blatant meddling with the work of a Legislative Branch official, as she carries out legally approved responsibilities to counsel Congress, appears to be a violation of the division of government authority,” stated Justice Florence Pan for the appellate panel.
Justice J Michelle Childs supported the ruling. Both justices were appointed to the appeals court by Democratic leader Joe Biden.
In opposition, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “exercises administrative authority in a host of ways.”
Perlmutter's lawyers have contended that she is a renowned intellectual property specialist. She has acted as register of copyrights since former head librarian Carla Hayden selected her to the role in October 2020.
The former president named assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had fired Hayden amid criticism from right-leaning groups that she was promoting a “woke” program.