Former President Trump's Administration Asks Supreme Court Permission 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 American copyright authority.

This urgent appeal comes roughly a month and a half after a federal appellate court in Washington ruled that the official, Shira Perlmutter, could not be unilaterally dismissed.

Almost one month ago, the full District of Columbia circuit court refused to reconsider that decision.

This case is the latest in a series of cases related to executive power to appoint chosen heads at federal offices.

The High Court has mostly permitted such dismissals, even as court challenges continue.

However, this particular matter concerns an bureau 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 Congress, the register “wields executive power” in overseeing copyrights.

Perlmutter alleges she was terminated in May because the ex-leader disapproved with recommendations she provided to lawmakers in a document related to AI.

She reportedly got an message from the administration notifying her that her position was “ended starting at once,” according to her staff.

A divided appeals court group decided that Perlmutter could retain her position while the case proceeds.

“The administration's alleged blatant interference with the work of a Legislative Branch official, as she carries out statutorily approved duties to advise the legislature, strikes us as a breach of the separation of powers,” wrote Justice Florence Pan for the appellate panel.

Justice J Michelle Childs supported the opinion. Both justices were nominated to the appellate court by Democratic leader Joe Biden.

In opposition, Justice Justin Walker, a former president's nominee, argued that Perlmutter “uses administrative power in a variety of manners.”

Perlmutter's attorneys have argued that she is a well-known copyright expert. She has acted as copyright director since former librarian of Congress Carla Hayden selected her to the position in October 2020.

The ex-leader named assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had dismissed Hayden amid complaints from conservatives that she was promoting a “progressive” program.

Matthew Thornton
Matthew Thornton

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