Trump Administration Seeks Supreme Court Approval to Dismiss Top Intellectual Property Official
The former president's government on Monday petitioned the nation's highest court to permit the removal of the head of the US Copyright Office.
This urgent appeal follows about six weeks after a federal appellate court in Washington ruled that the official, Shira Perlmutter, cannot be unilaterally dismissed.
Nearly one month prior, the entire District of Columbia circuit court refused to review that ruling.
This legal matter is the most recent in a line of disputes concerning executive authority to appoint preferred leaders at government offices.
The High Court has mostly allowed such dismissals, even as court disputes continue.
However, this specific case concerns an office inside the national library. Perlmutter serves as the register of copyrights and also advises Congress on intellectual property issues.
The solicitor general, D John Sauer, argued in the filing that, regardless of connections to the legislative branch, the director “wields executive authority” in overseeing copyrights.
Perlmutter alleges she was fired in May because the ex-leader disapproved with advice she gave to lawmakers in a document related to AI.
She allegedly received an email from the White House informing her that her position was “terminated starting at once,” according to her staff.
A split appeals court group decided that Perlmutter could keep her job while the case moves forward.
“The Executive's claimed obvious interference with the duties of a Legislative Branch officer, as she performs legally approved duties to advise Congress, appears to be a breach of the division of government authority,” stated Justice Florence Pan for the appeals court.
Judge J Michelle Childs supported the ruling. Both justices were appointed to the appellate court by Democratic President Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, wrote that Perlmutter “exercises executive authority in a host of manners.”
Perlmutter's attorneys have argued that she is a well-known copyright expert. She has served as copyright director since ex- head librarian Carla Hayden selected her to the position in October 2020.
The former president named deputy attorney general Todd Blanche to replace Hayden at the national library. The White House had fired Hayden following complaints from conservatives that she was advancing a “woke” agenda.