Former President Trump's Administration Asks High Court Permission to Fire Top Copyright Official
The ex- leader's administration on Monday petitioned the US Supreme Court to permit the removal of the director of the US Copyright Office.
This emergency request comes about six weeks after a national appeals court in Washington ruled that the official, Shira Perlmutter, could not be unilaterally dismissed.
Nearly one month ago, the full District of Columbia appeals court declined to reconsider that decision.
This case is the latest in a line of cases concerning executive authority to appoint chosen heads at federal offices.
The Supreme Court has mostly allowed such actions, even as legal challenges continue.
However, this particular case involves an bureau within the Library of Congress. Perlmutter serves as the copyright registrar and also counsels the legislature on copyright matters.
The government's top lawyer, D John Sauer, stated in the legal document that, despite connections to Congress, the register “wields administrative power” in overseeing copyrights.
Perlmutter alleges she was terminated in May because the former president disapproved with advice she provided to lawmakers in a document concerning artificial intelligence.
She reportedly got an message from the administration notifying her that her role was “ended starting at once,” as stated by her office.
A divided appeals court panel ruled that Perlmutter could keep her job while the legal dispute proceeds.
“The Executive's claimed blatant interference with the work of a Legislative Branch official, as she carries out legally authorized responsibilities to advise Congress, appears to be a violation of the separation of powers,” wrote Justice Florence Pan for the appeals court.
Justice J Michelle Childs joined the ruling. Both judges were nominated to the appellate court by Democrat President 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 lawyers have argued that she is a renowned intellectual property specialist. She has acted as register of copyrights since former head librarian Carla Hayden selected her to the role in October 2020.
The former president named assistant attorney general Todd Blanche to replace Hayden at the national library. The White House had fired Hayden amid complaints from right-leaning groups that she was advancing a “progressive” agenda.