Trump Administration Asks Supreme Court Permission to Fire Top Copyright Official
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 urgent appeal follows about a month and a half after a federal appellate court in Washington ruled that the director, Shira Perlmutter, could not be unilaterally fired.
Nearly one month prior, the entire District of Columbia appeals court refused to reconsider that ruling.
This case is the most recent in a series of cases related to executive authority to appoint preferred leaders at government agencies.
The Supreme Court has mostly allowed such actions, even as legal challenges continue.
However, this particular case concerns an office within the Library of Congress. Perlmutter acts as the copyright registrar and also advises the legislature on intellectual property matters.
The solicitor general, D John Sauer, stated in the filing that, regardless of connections to Congress, the register “wields executive authority” in regulating copyrights.
Perlmutter alleges she was fired in May because the ex-leader disagreed with advice she provided to Congress in a report concerning AI.
She reportedly got an message from the White House informing her that her position was “ended effective at once,” as stated by her office.
A split appeals court panel decided that Perlmutter could retain her job while the legal dispute proceeds.
“The administration's alleged blatant meddling with the work of a Legislative Branch official, as she performs legally authorized duties to advise the legislature, appears to be a breach of the separation of powers,” stated Justice Florence Pan for the appellate panel.
Justice J Michelle Childs supported the ruling. Both judges were nominated to the appellate court by Democrat leader Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, wrote that Perlmutter “exercises administrative authority in a host of manners.”
Perlmutter's lawyers have contended that she is a renowned copyright specialist. She has acted as copyright director since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The ex-leader named assistant attorney general Todd Blanche to succeed Hayden at the Library of Congress. The White House had dismissed Hayden amid criticism from right-leaning groups that she was promoting a “woke” agenda.
