Trump Team Asks Supreme Court Approval to Fire Top Copyright Official

The ex- president's administration on Monday petitioned the US Supreme Court to allow the termination of the head of the American copyright authority.

This emergency request comes about six weeks after a federal appellate court in Washington decided that the director, Shira Perlmutter, cannot be unilaterally fired.

Almost one month prior, the full District of Columbia appeals court declined to review that decision.

This case is the most recent in a series of disputes concerning presidential authority to appoint chosen heads at government agencies.

The Supreme Court has generally permitted such actions, even as legal challenges proceed.

However, this specific case concerns an bureau inside the Library of Congress. Perlmutter serves as the copyright registrar and also advises Congress on copyright issues.

The solicitor general, D John Sauer, argued in the filing that, regardless of ties to Congress, the register “wields administrative authority” in regulating copyrights.

Perlmutter claims she was fired in May because the former president disagreed with advice she provided to lawmakers in a report concerning AI.

She allegedly got an message from the White House notifying her that her position was “terminated effective immediately,” according to her staff.

A divided appeals court panel decided that Perlmutter could keep her job while the legal dispute moves forward.

“The Executive's alleged obvious meddling with the duties of a Legislative Branch officer, as she performs statutorily authorized responsibilities to advise Congress, appears to be a violation of the division of government authority,” stated Judge Florence Pan for the appeals court.

Judge J Michelle Childs joined the opinion. Both judges were appointed to the appellate court by Democratic leader Joe Biden.

In opposition, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “uses administrative authority in a variety of ways.”

Perlmutter's lawyers have contended that she is a well-known intellectual property expert. She has acted as register of copyrights since former head librarian Carla Hayden appointed her to the role in October 2020.

The ex-leader appointed deputy attorney general Todd Blanche to replace Hayden at the Library of Congress. The White House had fired Hayden amid complaints from right-leaning groups that she was advancing a “progressive” agenda.

David Mitchell
David Mitchell

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