Former President Trump's Administration Seeks Supreme Court Permission to Dismiss Leading Intellectual Property Director
The ex- president's administration on Monday petitioned the US Supreme Court to allow the removal of the head of the American copyright authority.
This urgent request comes about six weeks after a federal appeals court in Washington decided that the director, Shira Perlmutter, cannot be unilaterally dismissed.
Almost one month ago, the full District of Columbia circuit court refused to review that decision.
This legal matter is the most recent in a line of disputes related to executive power to place preferred heads at government agencies.
The Supreme Court has generally permitted such actions, even as court challenges proceed.
However, this particular matter concerns an bureau within the Library of Congress. Perlmutter acts as the copyright registrar and also counsels the legislature on intellectual property issues.
The solicitor general, D John Sauer, argued in the legal document that, despite ties to Congress, the director “wields administrative power” in regulating copyrights.
Perlmutter claims she was fired in May because the former president disapproved with recommendations she gave to lawmakers in a document related to AI.
She reportedly got an email from the White House notifying her that her position was “terminated starting at once,” according to her staff.
A divided appeals court group ruled that Perlmutter could retain her job while the case moves forward.
“The Executive's alleged blatant interference with the duties of a congressional official, as she performs statutorily authorized responsibilities to counsel Congress, strikes us as a violation of the separation of powers,” stated Justice Florence Pan for the appeals court.
Justice J Michelle Childs joined the ruling. Both justices were appointed to the appellate court by Democrat President Joe Biden.
In opposition, Justice Justin Walker, a Trump appointee, argued that Perlmutter “exercises executive authority in a variety of ways.”
Perlmutter's attorneys have argued that she is a well-known copyright specialist. She has served as register of copyrights since ex- librarian of Congress Carla Hayden appointed her to the position in October 2020.
The ex-leader named deputy attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden following criticism from right-leaning groups that she was promoting a “woke” program.
