Trump Administration Asks High Court Approval to Fire Top Intellectual Property Official
The former president's administration on Monday petitioned the US Supreme Court to permit the termination of the director of the US Copyright Office.
This emergency appeal comes about six weeks after a federal appeals court in Washington decided that the director, Shira Perlmutter, cannot be solely dismissed.
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 line of cases related to executive power to appoint chosen leaders at federal agencies.
The High Court has generally allowed such actions, even as court disputes continue.
However, this particular matter concerns an bureau within the national library. Perlmutter acts as the register of copyrights and also counsels Congress on copyright matters.
The government's top lawyer, D John Sauer, stated in the legal document that, despite ties to the legislative branch, the director “exercises executive authority” in regulating copyrights.
Perlmutter claims she was terminated in May because the former president disagreed with advice she provided to lawmakers in a document related to AI.
She reportedly received an email from the administration notifying her that her position was “terminated starting immediately,” as stated by her staff.
A split appeals court group decided that Perlmutter could keep her job while the case proceeds.
“The administration's claimed obvious interference with the duties of a Legislative Branch official, as she performs legally approved duties to counsel Congress, strikes us as a breach of the separation of powers,” stated Justice Florence Pan for the appeals court.
Justice J Michelle Childs supported the ruling. Both justices were nominated to the appellate court by Democratic President Joe Biden.
In opposition, Judge Justin Walker, a Trump appointee, wrote that Perlmutter “uses executive power in a variety of manners.”
Perlmutter's lawyers have contended that she is a renowned intellectual property expert. She has acted as register of copyrights since former head librarian Carla Hayden selected her to the position in October 2020.
The ex-leader named assistant attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden amid complaints from right-leaning groups that she was advancing a “woke” agenda.