Former President Trump's Administration Seeks Supreme Court Approval to Dismiss Top Intellectual Property Official
The ex- president's administration on Monday petitioned the US Supreme Court to allow the removal of the head of the US Copyright Office.
This emergency request follows about a month and a half after a national appeals court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally fired.
Almost four weeks ago, the full District of Columbia circuit court declined to review that decision.
This case is the most recent in a line of cases concerning executive authority to appoint chosen leaders at government agencies.
The High Court has mostly allowed such actions, even as court disputes continue.
However, this specific case involves an office within the national library. Perlmutter serves as the copyright registrar and also advises the legislature on intellectual property matters.
The solicitor general, D John Sauer, argued in the legal document that, despite connections to Congress, the director “wields administrative power” in overseeing intellectual property rights.
Perlmutter claims she was terminated in May because the former president disagreed with recommendations she provided to lawmakers in a report related to AI.
She allegedly received an email from the administration informing her that her position was “ended effective immediately,” according to her office.
A divided appellate panel decided that Perlmutter could keep her position while the case moves forward.
“The administration's alleged blatant meddling with the work of a congressional officer, as she performs legally authorized duties to advise Congress, appears to be a violation of the separation of powers,” stated Justice Florence Pan for the appellate panel.
Judge J Michelle Childs joined the opinion. Both judges were nominated to the appellate court by Democratic President Joe Biden.
In dissent, Judge Justin Walker, a former president's nominee, argued that Perlmutter “uses executive authority in a variety of ways.”
Perlmutter's attorneys have argued that she is a well-known copyright expert. She has acted as register of copyrights since ex- head librarian Carla Hayden appointed her to the position in October 2020.
The ex-leader appointed assistant attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden amid complaints from conservatives that she was advancing a “woke” agenda.