Trump Administration Asks High Court Permission to Fire Top Copyright Official
The ex- leader's administration on Monday petitioned the US Supreme Court to allow the removal of the head of the US Copyright Office.
This urgent appeal comes roughly a month and a half after a national appellate court in Washington ruled that the director, Shira Perlmutter, could not be solely dismissed.
Almost four weeks prior, the full District of Columbia circuit court refused to review that ruling.
This case is the most recent in a series of cases concerning presidential authority to place preferred heads at government offices.
The Supreme Court has mostly allowed such dismissals, even as legal challenges proceed.
However, this particular case concerns an office inside the national library. Perlmutter serves as the register of copyrights and also advises Congress on copyright issues.
The government's top lawyer, D John Sauer, stated in the legal document that, despite connections to Congress, the register “exercises executive authority” in overseeing intellectual property rights.
Perlmutter alleges she was terminated in May because the former president disagreed with advice she gave to lawmakers in a document related to artificial intelligence.
She allegedly received an message from the administration notifying her that her role was “ended effective at once,” as stated by her office.
A divided appeals court group ruled that Perlmutter could keep her job while the case proceeds.
“The administration's claimed blatant interference with the work of a congressional officer, as she carries out statutorily approved duties to advise the legislature, appears to be a breach of the separation of powers,” wrote Judge Florence Pan for the appeals court.
Judge J Michelle Childs supported the ruling. Both judges were nominated to the appellate court by Democrat President Joe Biden.
In opposition, Judge Justin Walker, a Trump appointee, argued that Perlmutter “exercises executive power in a host of ways.”
Perlmutter's attorneys have argued that she is a renowned intellectual property specialist. She has served as register of copyrights since former head librarian Carla Hayden selected her to the position in October 2020.
The ex-leader named deputy attorney general Todd Blanche to succeed Hayden at the Library of Congress. The White House had dismissed Hayden amid complaints from conservatives that she was advancing a “progressive” program.