Former President Trump's Team Seeks Supreme Court Approval to Fire Leading Intellectual Property Director
The former leader's government on Monday petitioned the US Supreme Court to allow the termination of the director of the US Copyright Office.
This urgent request follows about six weeks after a federal appeals court in Washington ruled that the official, Shira Perlmutter, could not be solely dismissed.
Almost four weeks prior, the full District of Columbia circuit court declined to reconsider that ruling.
This legal matter is the latest in a series of disputes concerning executive power to place preferred leaders at government agencies.
The High Court has mostly allowed such actions, even as court disputes proceed.
However, this particular matter involves an bureau within the Library of Congress. Perlmutter serves as the copyright registrar and also counsels the legislature on intellectual property issues.
The solicitor general, D John Sauer, stated in the filing that, regardless of ties to the legislative branch, the register “exercises executive authority” in overseeing copyrights.
Perlmutter alleges she was terminated in May because the former president disagreed with recommendations she provided to lawmakers in a report concerning AI.
She allegedly received an email from the White House informing her that her position was “ended effective immediately,” as stated by her office.
A split appellate group ruled that Perlmutter could retain her position while the legal dispute moves forward.
“The administration's alleged blatant interference with the work of a congressional officer, as she carries out legally approved duties to counsel Congress, strikes us as a violation of the separation of powers,” wrote Judge Florence Pan for the appellate panel.
Justice J Michelle Childs joined the opinion. Both justices were nominated to the appeals court by Democratic leader Joe Biden.
In dissent, Justice Justin Walker, a Trump appointee, argued that Perlmutter “uses executive power in a host of manners.”
Perlmutter's lawyers have contended that she is a well-known copyright expert. She has served as copyright director since former librarian of Congress Carla Hayden selected her to the position in October 2020.
The former president named assistant attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had dismissed Hayden amid complaints from conservatives that she was advancing a “progressive” agenda.
