Trump Administration Asks Supreme Court Permission to Dismiss Leading Copyright Director
The former president's administration on Monday petitioned the nation's highest court to allow the removal of the director of the US Copyright Office.
This emergency appeal comes roughly a month and a half after a federal appeals court in Washington ruled that the director, Shira Perlmutter, cannot be solely fired.
Nearly one month ago, the full District of Columbia appeals court refused to review that ruling.
This case is the latest in a line of cases related to presidential power to place chosen leaders at federal agencies.
The Supreme Court has mostly permitted such actions, even as court challenges proceed.
However, this particular case concerns an office within the national library. Perlmutter serves as the register of copyrights and also counsels Congress on intellectual property issues.
The solicitor general, D John Sauer, argued in the filing that, despite ties to Congress, the director “exercises administrative authority” in overseeing intellectual property rights.
Perlmutter alleges she was terminated in May because the former president disagreed with advice she gave to Congress in a document concerning artificial intelligence.
She reportedly got an email from the administration informing her that her role was “ended effective immediately,” as stated by her staff.
A divided appellate group ruled that Perlmutter could keep her position while the case proceeds.
“The administration's alleged obvious meddling with the work of a Legislative Branch officer, as she performs statutorily approved duties to advise the legislature, appears to be a violation of the separation of powers,” wrote Justice Florence Pan for the appeals court.
Judge J Michelle Childs supported the opinion. Both judges were appointed to the appeals court by Democrat President Joe Biden.
In opposition, Judge Justin Walker, a former president's nominee, wrote that Perlmutter “uses administrative power in a variety of manners.”
Perlmutter's attorneys have contended that she is a well-known copyright expert. She has served as copyright director since ex- librarian of Congress Carla Hayden appointed her to the position in October 2020.
The former president named deputy attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had dismissed Hayden amid complaints from right-leaning groups that she was promoting a “woke” agenda.
