Former President Trump's Team Seeks Supreme Court Permission to Dismiss Leading Copyright Director
The former president's administration on Monday requested the US Supreme Court to permit the termination of the head of the US Copyright Office.
This emergency request comes about six weeks after a federal appellate court in Washington ruled that the official, Shira Perlmutter, could not be unilaterally dismissed.
Almost four weeks ago, the full District of Columbia circuit court declined to reconsider that decision.
This legal matter is the latest in a line of disputes concerning executive authority to place preferred heads at federal agencies.
The Supreme Court has generally permitted such dismissals, even as legal disputes continue.
However, this specific case involves an office inside the national library. Perlmutter acts as the copyright registrar and also advises the legislature on copyright issues.
The government's top lawyer, D John Sauer, stated in the filing that, regardless of ties to the legislative branch, the register “exercises administrative authority” in overseeing intellectual property rights.
Perlmutter alleges she was fired in May because the ex-leader disapproved with advice she gave to Congress in a document related to AI.
She allegedly got an email from the White House notifying her that her position was “ended effective at once,” according to her office.
A divided appellate group ruled that Perlmutter could keep her job while the case proceeds.
“The Executive's claimed blatant interference with the duties of a congressional officer, as she performs legally authorized responsibilities to counsel Congress, appears to be a breach of the division of government authority,” wrote Justice Florence Pan for the appellate panel.
Judge J Michelle Childs joined the opinion. Both justices were nominated to the appellate court by Democrat leader Joe Biden.
In dissent, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “uses executive power in a variety of ways.”
Perlmutter's attorneys have argued that she is a renowned copyright specialist. She has acted 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 White House had fired Hayden following complaints from conservatives that she was promoting a “woke” program.
