Trump Administration Asks Supreme Court Permission to Dismiss Leading Copyright Official
The former leader's government on Monday petitioned the US Supreme Court to permit the removal of the head of the US Copyright Office.
This emergency request comes about six weeks after a national appellate court in Washington ruled that the official, Shira Perlmutter, cannot be solely dismissed.
Almost one month ago, the entire District of Columbia circuit court refused to reconsider that ruling.
This legal matter is the latest in a line of cases related to presidential authority to place preferred heads at federal offices.
The High Court has mostly allowed such dismissals, even as legal challenges proceed.
However, this particular case concerns an bureau within the Library of Congress. Perlmutter serves as the copyright registrar and also counsels the legislature on copyright issues.
The government's top lawyer, D John Sauer, stated in the filing that, regardless of ties to the legislative branch, the director “wields executive authority” in regulating copyrights.
Perlmutter alleges she was terminated in May because the former president disapproved with recommendations she provided to lawmakers in a report concerning artificial intelligence.
She reportedly received an email from the White House notifying her that her position was “ended effective at once,” according to her staff.
A split appeals court group ruled that Perlmutter could retain her job while the legal dispute moves forward.
“The Executive's claimed blatant interference with the duties of a Legislative Branch officer, as she performs statutorily approved duties to counsel Congress, appears to be a breach of the division of government authority,” stated Judge Florence Pan for the appeals court.
Justice J Michelle Childs supported the ruling. Both justices were nominated to the appeals court by Democrat leader Joe Biden.
In dissent, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “exercises executive authority in a host of manners.”
Perlmutter's attorneys have contended that she is a well-known intellectual property specialist. She has acted as register of copyrights since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The ex-leader appointed deputy attorney general Todd Blanche to succeed Hayden at the Library of Congress. The administration had fired Hayden following criticism from right-leaning groups that she was advancing a “progressive” agenda.