Trump Administration Asks High Court Approval to Fire Top Intellectual Property Official
The former president's administration on Monday petitioned the US Supreme Court to permit the removal of the head of the US Copyright Office.
This urgent request comes about six weeks after a national appellate court in Washington ruled that the director, Shira Perlmutter, could not be solely dismissed.
Nearly one month prior, the entire District of Columbia circuit court refused to review that decision.
This case is the latest in a series of disputes related to executive power to appoint preferred heads at federal agencies.
The Supreme Court has mostly allowed such dismissals, even as legal disputes continue.
However, this specific case concerns an office inside the national library. Perlmutter acts as the register of copyrights and also advises Congress on copyright issues.
The solicitor general, D John Sauer, stated in the filing that, despite connections to the legislative branch, the director “wields administrative power” in overseeing intellectual property rights.
Perlmutter claims she was fired in May because the former president disapproved with advice she provided to lawmakers in a document concerning AI.
She allegedly got an email from the White House informing her that her role was “terminated effective at once,” as stated by her office.
A split appeals court group decided that Perlmutter could retain her job while the case proceeds.
“The Executive's alleged blatant interference with the duties of a congressional officer, as she carries out statutorily authorized responsibilities to advise Congress, appears to be a breach of the division of government authority,” stated Judge Florence Pan for the appellate panel.
Justice J Michelle Childs supported the ruling. Both justices were appointed to the appeals court by Democrat President Joe Biden.
In dissent, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “uses executive authority in a host of manners.”
Perlmutter's lawyers have argued that she is a well-known copyright expert. She has served as register of copyrights since ex- head librarian Carla Hayden selected her to the role in October 2020.
The former president named deputy attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden following criticism from right-leaning groups that she was promoting a “progressive” program.
