Former President Trump's Administration Asks Supreme Court Permission to Fire Top Intellectual Property Director
The ex- leader's administration on Monday requested the US Supreme Court to allow the termination of the head of the US Copyright Office.
This urgent appeal follows roughly a month and a half after a national appeals court in Washington decided that the director, Shira Perlmutter, could not be unilaterally dismissed.
Almost one month prior, the entire District of Columbia circuit court refused to review that decision.
This legal matter is the latest in a line of disputes related to executive authority to place preferred leaders at federal agencies.
The High Court has mostly permitted such actions, even as legal challenges continue.
However, this specific matter involves an office inside the Library of Congress. Perlmutter acts as the copyright registrar and also advises Congress on intellectual property matters.
The government's top lawyer, D John Sauer, stated in the legal document that, despite connections to the legislative branch, the register “exercises administrative power” in regulating copyrights.
Perlmutter claims she was terminated in May because the ex-leader disagreed with recommendations she provided to Congress in a report concerning artificial intelligence.
She allegedly received an email from the White House informing her that her position was “terminated effective immediately,” as stated by her office.
A split appeals court panel decided that Perlmutter could keep her position while the case moves forward.
“The Executive's alleged obvious interference with the duties of a Legislative Branch officer, as she performs legally approved duties to advise the legislature, strikes us as a violation of the separation of powers,” wrote Justice Florence Pan for the appeals court.
Judge J Michelle Childs joined the ruling. Both judges were nominated to the appellate court by Democratic leader Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, argued that Perlmutter “uses executive authority in a variety of ways.”
Perlmutter's attorneys have argued that she is a renowned intellectual property specialist. She has acted as register of copyrights since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The ex-leader appointed assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had dismissed Hayden following complaints from conservatives that she was promoting a “woke” program.