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 permit the removal of the head of the US Copyright Office.
This emergency request follows about six weeks after a national appellate court in Washington ruled that the official, Shira Perlmutter, could not be unilaterally fired.
Almost four weeks ago, the full District of Columbia circuit court refused to review that ruling.
This legal matter is the most recent in a line of cases related to executive authority to place chosen leaders at federal offices.
The High Court has generally allowed such dismissals, even as legal disputes continue.
However, this specific matter concerns an office within the Library of Congress. Perlmutter serves as the register of copyrights and also advises Congress on intellectual property matters.
The solicitor general, D John Sauer, argued in the filing that, regardless of connections to the legislative branch, the register “wields administrative authority” in overseeing intellectual property rights.
Perlmutter alleges she was fired in May because the former president disapproved with advice she provided to lawmakers in a document related to AI.
She allegedly received an email from the White House informing her that her position was “ended starting immediately,” according to her staff.
A split appellate group ruled that Perlmutter could keep her position while the legal dispute moves forward.
“The administration's alleged obvious interference with the work of a congressional officer, as she carries out statutorily approved duties to counsel the legislature, appears to be a breach of the division of government authority,” wrote Judge Florence Pan for the appeals court.
Justice J Michelle Childs supported the ruling. Both justices were nominated to the appeals court by Democrat President Joe Biden.
In opposition, Judge Justin Walker, a Trump appointee, argued that Perlmutter “exercises executive power in a variety of ways.”
Perlmutter's lawyers have argued that she is a well-known copyright specialist. She has acted as register of copyrights since former librarian of Congress Carla Hayden selected her to the role in October 2020.
The ex-leader named assistant attorney general Todd Blanche to succeed Hayden at the national library. The White House had dismissed Hayden following complaints from right-leaning groups that she was advancing a “progressive” program.