Former President Trump's Administration Asks Supreme Court Approval to Fire Leading Intellectual Property Official
The former president's administration on Monday petitioned the US Supreme Court to allow the termination of the head of the US Copyright Office.
This urgent appeal follows roughly six weeks after a federal appellate court in Washington decided that the official, Shira Perlmutter, cannot be unilaterally dismissed.
Almost one month ago, the full District of Columbia circuit court declined to review that decision.
This case is the latest in a line of disputes concerning presidential authority to appoint chosen heads at federal agencies.
The High Court has mostly allowed such actions, even as court challenges continue.
However, this specific case involves an office within 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, stated in the legal document that, despite ties to the legislative branch, the director “exercises executive authority” in overseeing intellectual property rights.
Perlmutter alleges she was fired in May because the former president disagreed with recommendations she provided to Congress in a document concerning AI.
She reportedly received an message from the White House notifying her that her position was “ended effective at once,” according to her office.
A divided appellate group ruled that Perlmutter could retain her position while the legal dispute proceeds.
“The administration's claimed blatant meddling with the work of a Legislative Branch officer, as she performs legally authorized responsibilities to counsel the legislature, strikes us as a breach of the division of government authority,” stated Judge Florence Pan for the appellate panel.
Judge J Michelle Childs supported the ruling. Both judges were appointed to the appellate court by Democrat leader Joe Biden.
In opposition, Judge Justin Walker, a former president's nominee, argued that Perlmutter “exercises executive power in a variety of manners.”
Perlmutter's attorneys have contended that she is a well-known intellectual property expert. She has served as register of copyrights since ex- head librarian Carla Hayden appointed her to the position in October 2020.
The ex-leader appointed deputy attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden amid complaints from right-leaning groups that she was promoting a “woke” program.