Trump Team Seeks Supreme Court Permission to Fire Leading Intellectual Property Official
The former president's government on Monday petitioned the nation's highest court to permit the removal of the director of the US Copyright Office.
This urgent request comes about six weeks after a national appellate court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally fired.
Almost four weeks ago, the entire District of Columbia appeals court refused to review that decision.
This legal matter is the most recent in a series of cases concerning presidential authority to appoint preferred heads at government offices.
The High Court has mostly permitted such dismissals, even as legal challenges continue.
However, this particular matter concerns an office inside 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 filing that, despite ties to the legislative branch, the register “wields executive power” in regulating copyrights.
Perlmutter claims she was fired in May because the ex-leader disagreed with advice she gave to Congress in a report concerning AI.
She reportedly received an email from the White House notifying her that her role was “ended starting immediately,” according to her office.
A divided appeals court group ruled that Perlmutter could retain her position while the legal dispute proceeds.
“The Executive's alleged blatant interference with the work of a congressional officer, as she carries out statutorily authorized duties to counsel Congress, appears to be a breach of the separation of powers,” stated Justice Florence Pan for the appeals court.
Justice J Michelle Childs supported the opinion. Both judges were nominated to the appellate court by Democratic leader Joe Biden.
In dissent, Justice Justin Walker, a Trump appointee, argued that Perlmutter “uses administrative authority in a variety of manners.”
Perlmutter's lawyers have argued that she is a renowned intellectual property expert. She has served as register of copyrights since former librarian of Congress Carla Hayden selected her to the role in October 2020.
The former president named deputy attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden following criticism from conservatives that she was advancing a “progressive” program.