Former President Trump's Team Seeks High Court Permission to Fire Leading Intellectual Property Official
The ex- president's government on Monday petitioned the nation's highest court to allow the termination of the director of the US Copyright Office.
This emergency request follows about a month and a half after a federal appellate court in Washington ruled that the director, Shira Perlmutter, cannot be solely fired.
Almost one month ago, the entire District of Columbia circuit court refused to reconsider that decision.
This case is the latest in a line of disputes related to presidential authority to place preferred heads at government agencies.
The High Court has mostly permitted such dismissals, even as legal 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 copyright matters.
The solicitor general, D John Sauer, argued in the filing that, despite ties to the legislative branch, the register “wields executive power” in overseeing intellectual property rights.
Perlmutter alleges she was fired in May because the former president disapproved with advice she provided to Congress in a report related to artificial intelligence.
She reportedly got an email from the White House informing her that her role was “terminated effective immediately,” according to her staff.
A split appellate panel ruled that Perlmutter could keep her position while the case moves forward.
“The administration's claimed obvious interference with the work of a Legislative Branch officer, as she performs legally approved duties to counsel Congress, appears to be a violation of the division of government authority,” stated Judge Florence Pan for the appeals court.
Justice J Michelle Childs joined the ruling. Both justices were appointed to the appeals court by Democrat President Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, wrote that Perlmutter “exercises executive power in a variety of ways.”
Perlmutter's lawyers have contended that she is a well-known copyright expert. She has acted as copyright director since former librarian of Congress 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 White House had dismissed Hayden following complaints from right-leaning groups that she was promoting a “progressive” program.