Former President Trump's Team Asks High Court Permission to Fire Leading Copyright Director
The former president's administration on Monday requested the nation's highest court to allow the removal of the director of the US Copyright Office.
This emergency appeal comes about six weeks after a federal appeals court in Washington ruled that the director, Shira Perlmutter, could not be solely dismissed.
Almost one month ago, the entire District of Columbia circuit court declined to review that ruling.
This legal matter is the most recent in a line of cases related to presidential power to place preferred leaders at federal agencies.
The High Court has mostly permitted such actions, even as legal challenges proceed.
However, this particular matter involves an bureau within the national library. Perlmutter acts as the copyright registrar and also advises Congress on copyright issues.
The government's top lawyer, D John Sauer, argued in the filing that, despite ties to the legislative branch, the register “wields executive authority” in overseeing intellectual property rights.
Perlmutter alleges she was terminated in May because the ex-leader disapproved with advice she gave to lawmakers in a report related to AI.
She reportedly received an message from the administration informing her that her role was “terminated effective immediately,” as stated by her office.
A split appellate panel decided that Perlmutter could keep her job while the case moves forward.
“The Executive's claimed obvious meddling with the work of a Legislative Branch official, as she carries out legally approved duties to advise the legislature, strikes us as a violation of the separation of powers,” wrote Justice Florence Pan for the appeals court.
Judge J Michelle Childs joined the opinion. Both justices were appointed to the appellate court by Democratic President Joe Biden.
In opposition, Judge Justin Walker, a former president's nominee, wrote that Perlmutter “uses administrative power in a variety of manners.”
Perlmutter's lawyers have argued that she is a well-known copyright specialist. She has served as register of copyrights since former librarian of Congress Carla Hayden appointed her to the position in October 2020.
The former president named assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had dismissed Hayden amid complaints from right-leaning groups that she was advancing a “woke” agenda.
