Trump Administration Asks Supreme Court Approval to Fire Top Intellectual Property Official
The ex- president's government on Monday petitioned the nation's highest court to permit the termination of the director of the US Copyright Office.
This emergency request follows about a month and a half after a federal appeals court in Washington ruled that the director, Shira Perlmutter, could not be unilaterally dismissed.
Almost one month prior, the full District of Columbia appeals court declined to review that ruling.
This legal matter is the most recent in a series of cases related to presidential power to place preferred leaders at government offices.
The Supreme Court has generally permitted such actions, even as legal disputes continue.
However, this specific matter concerns an bureau within the national library. Perlmutter serves as the register of copyrights and also counsels the legislature on copyright matters.
The government's top lawyer, D John Sauer, stated in the filing that, despite connections to the legislative branch, the register “exercises administrative power” in overseeing copyrights.
Perlmutter alleges she was terminated in May because the ex-leader disapproved with advice she provided to Congress in a document concerning AI.
She allegedly got an message from the White House notifying her that her position was “ended effective at once,” according to her staff.
A split appeals court panel ruled that Perlmutter could keep her position while the legal dispute moves forward.
“The administration's alleged blatant meddling with the work of a congressional official, as she carries out legally approved duties to counsel Congress, appears to be a breach of the division of government authority,” wrote Judge Florence Pan for the appellate panel.
Justice 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 “uses executive authority in a host of ways.”
Perlmutter's attorneys have argued that she is a well-known intellectual property expert. She has served as register of copyrights since former librarian of Congress Carla Hayden selected her to the position in October 2020.
The former president appointed assistant attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had fired Hayden amid complaints from right-leaning groups that she was promoting a “progressive” agenda.