Former President Trump's Team Seeks High Court Approval to Fire Top Intellectual Property Director
The ex- leader's administration on Monday petitioned the US Supreme Court to permit the removal of the head of the US Copyright Office.
This emergency request comes roughly six weeks after a federal appellate court in Washington decided that the director, Shira Perlmutter, could not be unilaterally fired.
Nearly one month ago, the full District of Columbia circuit court declined to review that decision.
This legal matter is the most recent in a series of disputes concerning presidential power to place chosen leaders at government agencies.
The Supreme Court has mostly allowed such actions, even as court challenges continue.
However, this particular matter involves an office inside the Library of Congress. Perlmutter acts as the copyright registrar and also advises Congress on intellectual property matters.
The government's top lawyer, D John Sauer, argued in the legal document that, regardless of ties to Congress, the director “exercises executive power” in regulating copyrights.
Perlmutter claims she was fired in May because the ex-leader disapproved with recommendations she provided to lawmakers in a report concerning AI.
She allegedly got an message from the White House informing her that her role was “terminated effective at once,” according to her staff.
A divided appellate group decided that Perlmutter could keep her position while the case proceeds.
“The administration's alleged obvious interference with the work of a congressional official, as she performs statutorily approved 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 supported the ruling. Both judges were nominated to the appellate court by Democrat President Joe Biden.
In dissent, Judge Justin Walker, a former president's nominee, argued that Perlmutter “uses executive power in a variety of ways.”
Perlmutter's lawyers have argued that she is a well-known copyright expert. 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 replace Hayden at the Library of Congress. The White House had fired Hayden amid criticism from right-leaning groups that she was advancing a “progressive” agenda.