Trump Administration Seeks Supreme Court Permission to Fire Leading Intellectual Property Official
The ex- president's government on Monday requested the nation's highest court to allow the removal of the head of the US Copyright Office.
This urgent appeal comes roughly six weeks after a national appeals court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally dismissed.
Almost one month ago, the full District of Columbia appeals court declined to review that decision.
This case is the latest in a line of disputes related to presidential authority to place preferred leaders at government agencies.
The High Court has generally permitted such dismissals, even as court challenges proceed.
However, this specific case concerns an bureau inside the Library of Congress. Perlmutter serves as the copyright registrar and also advises the legislature on intellectual property issues.
The government's top lawyer, D John Sauer, argued in the legal document that, regardless of connections to the legislative branch, the register “exercises executive power” in regulating intellectual property rights.
Perlmutter claims she was fired in May because the ex-leader disapproved with advice she gave to Congress in a report related to AI.
She allegedly received an email from the administration informing her that her position was “terminated effective at once,” according to her staff.
A divided appellate group decided that Perlmutter could keep her job while the case moves forward.
“The administration's claimed blatant meddling with the duties of a congressional officer, as she performs legally approved duties to advise the legislature, appears to be a violation of the separation of powers,” wrote Judge Florence Pan for the appellate panel.
Justice J Michelle Childs supported the ruling. Both justices were nominated to the appeals court by Democrat leader Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, argued that Perlmutter “exercises administrative power in a host of ways.”
Perlmutter's lawyers have contended that she is a well-known copyright expert. She has acted as register of copyrights since former librarian of Congress Carla Hayden appointed her to the position in October 2020.
The former president appointed assistant attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden following criticism from conservatives that she was promoting a “progressive” program.
