Former President Trump's Administration Seeks High Court Permission to Dismiss Top Copyright Director
The ex- president's administration on Monday requested the US Supreme Court to permit the termination of the head of the US Copyright Office.
This urgent appeal follows about a month and a half after a national appeals court in Washington ruled that the director, Shira Perlmutter, could not be unilaterally dismissed.
Almost four weeks ago, the full District of Columbia circuit court declined to reconsider that ruling.
This case is the latest in a line of cases related to executive authority to place preferred leaders at government offices.
The High Court has mostly allowed such dismissals, even as legal challenges proceed.
However, this specific matter concerns an office within the Library of Congress. Perlmutter acts as the register of copyrights and also counsels the legislature on copyright issues.
The solicitor general, D John Sauer, argued in the filing that, despite connections to the legislative branch, the director “wields administrative authority” in regulating copyrights.
Perlmutter alleges she was fired in May because the former president disagreed with advice she gave to Congress in a report concerning artificial intelligence.
She reportedly got an email from the White House informing her that her role was “terminated starting immediately,” according to her office.
A split appeals court group decided that Perlmutter could retain her position while the case proceeds.
“The Executive's claimed blatant interference with the duties of a Legislative Branch official, as she carries out statutorily approved responsibilities to counsel Congress, strikes us as a violation of the division of government authority,” wrote Justice Florence Pan for the appellate panel.
Justice J Michelle Childs supported the ruling. Both judges were appointed to the appellate court by Democrat leader Joe Biden.
In dissent, Justice Justin Walker, a Trump appointee, argued that Perlmutter “uses executive authority in a host of manners.”
Perlmutter's attorneys have argued that she is a renowned intellectual property specialist. She has acted as register of copyrights since ex- librarian of Congress Carla Hayden selected her to the position in October 2020.
The former president named deputy attorney general Todd Blanche to replace Hayden at the national library. The White House had fired Hayden amid complaints from conservatives that she was promoting a “progressive” program.
