Trump Team Asks High Court Approval to Fire Leading Intellectual Property Director
The former president's administration on Monday petitioned the US Supreme Court to permit the termination of the director of the US Copyright Office.
This emergency appeal follows roughly six weeks after a national appellate court in Washington decided that the director, Shira Perlmutter, cannot be solely fired.
Nearly four weeks prior, the full District of Columbia appeals court declined to review that decision.
This case is the latest in a line of cases concerning presidential power to place preferred heads at federal agencies.
The Supreme Court has mostly permitted such actions, even as court disputes continue.
However, this specific matter involves an bureau within the Library of Congress. Perlmutter serves as the register of copyrights and also advises the legislature on copyright issues.
The solicitor general, D John Sauer, stated in the legal document that, despite ties to Congress, the register “exercises executive authority” in regulating intellectual property rights.
Perlmutter alleges she was fired in May because the ex-leader disagreed with recommendations she provided to Congress in a document concerning artificial intelligence.
She allegedly received an message from the administration informing her that her position was “terminated effective at once,” according to her staff.
A split appeals court panel ruled that Perlmutter could keep her position while the case proceeds.
“The Executive's alleged obvious interference with the duties of a Legislative Branch officer, as she carries out legally authorized responsibilities to counsel the legislature, strikes us as a violation of the separation of powers,” stated Judge Florence Pan for the appeals court.
Justice J Michelle Childs supported the opinion. Both judges were nominated to the appellate court by Democrat leader Joe Biden.
In dissent, Judge Justin Walker, a former president's nominee, wrote that Perlmutter “exercises executive power in a host of ways.”
Perlmutter's lawyers have argued that she is a renowned copyright specialist. She has served as register of copyrights since ex- librarian of Congress Carla Hayden appointed her to the role in October 2020.
The former president appointed deputy attorney general Todd Blanche to replace Hayden at the Library of Congress. The White House had dismissed Hayden following criticism from conservatives that she was advancing a “progressive” program.