Trump Administration Asks High Court Approval to Fire Leading Intellectual Property Official
The former president's administration on Monday petitioned the US Supreme Court to permit the removal of the head of the US Copyright Office.
This urgent request comes roughly six weeks after a national appellate court in Washington ruled that the official, Shira Perlmutter, could not be solely fired.
Nearly four weeks prior, the entire District of Columbia circuit court declined to review that decision.
This legal matter is the latest in a series of cases concerning presidential power to place preferred leaders at federal agencies.
The High Court has mostly allowed such dismissals, even as court challenges proceed.
However, this particular matter involves an office within the Library of Congress. Perlmutter serves as the register of copyrights and also advises Congress on copyright matters.
The government's top lawyer, D John Sauer, stated in the filing that, regardless of ties to Congress, the register “exercises executive power” in regulating intellectual property rights.
Perlmutter alleges she was fired in May because the former president disapproved with advice she gave to Congress in a report concerning AI.
She reportedly received an email from the White House informing her that her role was “ended effective immediately,” as stated by her staff.
A split appeals court group decided that Perlmutter could keep her job while the legal dispute proceeds.
“The Executive's alleged blatant meddling with the work of a congressional officer, as she performs legally approved responsibilities to counsel the legislature, strikes us as a violation of the division of government authority,” wrote Justice Florence Pan for the appeals court.
Judge J Michelle Childs joined the ruling. Both judges were nominated to the appeals court by Democratic leader Joe Biden.
In opposition, Judge Justin Walker, a Trump appointee, wrote that Perlmutter “exercises administrative authority in a variety of manners.”
Perlmutter's attorneys have contended that she is a renowned copyright specialist. She has served as register of copyrights since former librarian of Congress Carla Hayden appointed her to the position in October 2020.
The ex-leader appointed assistant attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had dismissed Hayden amid complaints from conservatives that she was advancing a “woke” agenda.
