Former President Trump's Team Seeks High Court Approval to Dismiss Leading Copyright Director
The ex- leader's administration on Monday requested the nation's highest court to permit the removal of the head of the US Copyright Office.
This urgent request comes about a month and a half after a federal appellate court in Washington decided that the director, Shira Perlmutter, could not be unilaterally dismissed.
Almost four weeks ago, the full District of Columbia circuit court refused to reconsider that decision.
This case is the most recent in a line of disputes concerning executive authority to appoint preferred leaders at government offices.
The High Court has generally allowed such dismissals, even as court disputes continue.
However, this specific case involves an bureau within the Library of Congress. Perlmutter serves as the copyright registrar and also advises the legislature on copyright matters.
The solicitor general, D John Sauer, stated in the legal document that, despite connections to the legislative branch, the director “wields executive authority” in overseeing intellectual property rights.
Perlmutter alleges she was terminated in May because the ex-leader disapproved with advice she provided to lawmakers in a document related to AI.
She allegedly got an message from the administration notifying her that her role was “terminated starting at once,” according to her staff.
A divided appellate panel ruled that Perlmutter could keep her position while the legal dispute moves forward.
“The administration's alleged blatant interference with the duties of a congressional official, as she performs legally authorized responsibilities to advise Congress, strikes us as a violation of the separation of powers,” stated Judge Florence Pan for the appeals court.
Justice J Michelle Childs supported the opinion. Both justices were nominated to the appeals court by Democrat leader Joe Biden.
In opposition, Justice Justin Walker, a Trump appointee, argued that Perlmutter “exercises administrative power in a host of manners.”
Perlmutter's lawyers have argued that she is a well-known intellectual property specialist. She has acted as copyright director since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The former president appointed assistant attorney general Todd Blanche to succeed Hayden at the Library of Congress. The White House had fired Hayden following complaints from right-leaning groups that she was promoting a “progressive” program.