Former President Trump's Team Seeks High Court Approval to Dismiss Leading Intellectual Property Official
The former president's government on Monday requested the US Supreme Court to permit the removal of the head of the American copyright authority.
This emergency appeal follows about a month and a half after a federal appeals court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally dismissed.
Almost four weeks prior, the entire District of Columbia circuit court declined to review that decision.
This case is the latest in a series of cases related to executive power to place preferred heads at federal offices.
The Supreme Court has mostly allowed such dismissals, even as legal disputes continue.
However, this specific case involves an bureau within the national library. Perlmutter acts as the copyright registrar and also counsels the legislature on intellectual property matters.
The solicitor general, D John Sauer, stated in the legal document that, regardless of ties to Congress, the register “wields administrative authority” in overseeing intellectual property rights.
Perlmutter alleges she was terminated in May because the former president disagreed with advice she gave to lawmakers in a report concerning artificial intelligence.
She reportedly got an email from the White House informing her that her position was “ended starting immediately,” according to her staff.
A split appellate group decided that Perlmutter could retain her job while the legal dispute moves forward.
“The Executive's claimed obvious interference with the work of a Legislative Branch official, as she performs statutorily approved responsibilities to counsel Congress, appears to be a breach of the separation of powers,” wrote Justice Florence Pan for the appeals court.
Justice J Michelle Childs supported the opinion. Both judges were appointed to the appeals court by Democratic President Joe Biden.
In dissent, Justice Justin Walker, a Trump appointee, argued that Perlmutter “exercises executive authority in a variety of manners.”
Perlmutter's lawyers have argued that she is a well-known copyright expert. She has acted as register of copyrights since former librarian of Congress Carla Hayden appointed her to the role in October 2020.
The former president appointed deputy attorney general Todd Blanche to succeed Hayden at the Library of Congress. The White House had fired Hayden amid complaints from right-leaning groups that she was advancing a “progressive” program.