Former President Trump's Administration Seeks High Court Approval to Fire Top Intellectual Property Official
The former president's administration on Monday petitioned the US Supreme Court to allow the removal of the director of the US Copyright Office.
This emergency request comes about a month and a half after a federal appeals court in Washington ruled that the official, Shira Perlmutter, could not be unilaterally dismissed.
Almost four weeks prior, the full District of Columbia circuit court refused to reconsider that decision.
This case is the most recent in a series of cases concerning executive power to place chosen leaders at government offices.
The High Court has generally allowed such dismissals, even as legal challenges continue.
However, this specific matter involves an office within the Library of Congress. Perlmutter serves as the copyright registrar and also advises Congress on copyright matters.
The solicitor general, D John Sauer, stated in the filing that, regardless of ties to Congress, the director “wields executive authority” in regulating intellectual property rights.
Perlmutter alleges she was fired in May because the ex-leader disapproved with recommendations she gave to lawmakers in a report related to artificial intelligence.
She allegedly got an email from the administration notifying her that her role was “ended starting immediately,” as stated by her office.
A divided appeals court group ruled that Perlmutter could keep her job while the case moves forward.
“The administration's alleged blatant interference with the duties of a Legislative Branch officer, as she carries out legally approved duties to counsel Congress, strikes us as a breach of the division of government authority,” wrote Justice Florence Pan for the appeals court.
Judge J Michelle Childs joined the opinion. Both justices were appointed to the appeals court by Democrat President Joe Biden.
In dissent, Justice Justin Walker, a former president's nominee, argued that Perlmutter “uses executive authority in a host of manners.”
Perlmutter's lawyers have argued that she is a well-known copyright specialist. She has acted as copyright director since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The ex-leader named deputy attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had dismissed Hayden following criticism from right-leaning groups that she was promoting a “woke” agenda.