Trump Administration Asks High Court Approval to Dismiss Leading Intellectual Property Director
The former president's administration on Monday requested the US Supreme Court to allow the termination of the head of the US Copyright Office.
This emergency appeal comes about six weeks after a federal appeals court in Washington decided that the official, Shira Perlmutter, could not be unilaterally fired.
Almost four weeks ago, the entire District of Columbia circuit court declined to reconsider that ruling.
This legal matter is the most recent in a line of cases related to executive power to place preferred leaders at federal offices.
The Supreme Court has generally allowed such dismissals, even as legal challenges proceed.
However, this particular matter involves an office inside the national library. Perlmutter serves as the copyright registrar and also advises the legislature on intellectual property matters.
The government's top lawyer, D John Sauer, argued in the filing that, regardless of ties to the legislative branch, the director “exercises executive power” in regulating copyrights.
Perlmutter claims she was terminated in May because the former president disapproved with recommendations she gave to Congress in a document concerning AI.
She reportedly got an email from the White House notifying her that her role was “terminated effective immediately,” as stated by her staff.
A divided appellate panel ruled that Perlmutter could retain her position while the case moves forward.
“The Executive's alleged blatant meddling with the duties of a Legislative Branch officer, as she performs legally authorized responsibilities to counsel Congress, strikes us as a breach of the separation of powers,” wrote Justice Florence Pan for the appellate panel.
Justice J Michelle Childs joined the opinion. Both justices were appointed to the appeals court by Democrat leader Joe Biden.
In dissent, Judge Justin Walker, a former president's nominee, argued that Perlmutter “uses executive power in a variety of manners.”
Perlmutter's lawyers have argued that she is a renowned intellectual property expert. She has acted as copyright director 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 dismissed Hayden amid criticism from right-leaning groups that she was advancing a “woke” program.