Former President Trump's Administration Seeks Supreme Court Approval to Fire Top Copyright Director
The former president's government on Monday petitioned the US Supreme Court to permit the removal of the head of the American copyright authority.
This urgent request comes roughly a month and a half after a national appeals court in Washington decided that the official, Shira Perlmutter, could not be unilaterally dismissed.
Nearly one month ago, the full District of Columbia circuit court declined to reconsider that ruling.
This case is the most recent in a series of disputes concerning presidential power to appoint preferred heads at government agencies.
The High Court has generally allowed such dismissals, even as legal disputes continue.
However, this specific matter involves an office inside the national library. 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, regardless of connections to Congress, the director “exercises executive power” in overseeing intellectual property rights.
Perlmutter alleges she was fired in May because the former president disapproved with recommendations she provided to Congress in a document concerning artificial intelligence.
She allegedly received an message from the White House informing her that her role was “terminated starting immediately,” as stated by her office.
A divided appellate group ruled that Perlmutter could retain her job while the case moves forward.
“The Executive's claimed obvious meddling with the work of a Legislative Branch official, as she performs legally approved responsibilities to advise Congress, appears to be a breach of the separation of powers,” stated Justice Florence Pan for the appeals court.
Justice J Michelle Childs joined the opinion. Both judges were nominated to the appellate court by Democratic leader Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, argued that Perlmutter “uses executive power in a host of manners.”
Perlmutter's attorneys have contended that she is a renowned copyright specialist. She has acted as register of copyrights since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The former president appointed deputy attorney general Todd Blanche to replace Hayden at the national library. The administration had dismissed Hayden amid criticism from right-leaning groups that she was advancing a “progressive” agenda.