Trump Administration Seeks High Court Permission to Dismiss Top Copyright Director
The former president's government on Monday petitioned the US Supreme Court to permit the removal of the head of the US Copyright Office.
This emergency request comes about six weeks after a national appeals court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally dismissed.
Nearly one month ago, the full District of Columbia circuit court declined to review that ruling.
This legal matter is the latest in a series of disputes concerning presidential power to appoint preferred heads at federal agencies.
The High Court has generally permitted such dismissals, even as legal challenges proceed.
However, this specific case concerns an bureau inside the national library. Perlmutter acts as the copyright registrar and also counsels Congress on intellectual property matters.
The government's top lawyer, D John Sauer, stated in the filing that, despite connections to Congress, the director “wields executive power” in regulating copyrights.
Perlmutter alleges she was fired in May because the former president disagreed with recommendations she gave to Congress in a report concerning AI.
She allegedly got an message from the administration notifying her that her position was “ended effective at once,” according to her office.
A split appeals court panel ruled that Perlmutter could keep her job while the legal dispute moves forward.
“The administration's claimed obvious interference with the work of a congressional officer, as she carries out legally approved responsibilities to counsel Congress, appears to be a breach of the separation of powers,” stated Justice Florence Pan for the appeals court.
Judge J Michelle Childs supported the opinion. Both judges were nominated to the appeals court by Democrat leader Joe Biden.
In opposition, Judge Justin Walker, a former president's nominee, wrote that Perlmutter “uses executive power in a variety of ways.”
Perlmutter's attorneys have argued that she is a renowned copyright expert. She has acted as copyright director since ex- librarian of Congress Carla Hayden appointed her to the position in October 2020.
The former president appointed assistant attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had dismissed Hayden following criticism from right-leaning groups that she was advancing a “woke” agenda.
