Trump Team Asks Supreme Court Permission to Dismiss Top Intellectual Property Official
The former president's government on Monday petitioned the US Supreme Court to allow the termination of the director of the American copyright authority.
This urgent request comes roughly six weeks after a federal appeals court in Washington decided that the official, Shira Perlmutter, cannot be unilaterally fired.
Almost one month ago, the entire District of Columbia circuit court declined to review that decision.
This legal matter is the most recent in a line of cases concerning executive power to place chosen heads at federal agencies.
The Supreme Court has mostly permitted such actions, even as legal challenges proceed.
However, this particular case concerns an office within the national library. Perlmutter serves as the register of copyrights and also counsels the legislature on copyright issues.
The solicitor general, D John Sauer, argued in the filing that, regardless of ties to the legislative branch, the director “exercises executive authority” in overseeing copyrights.
Perlmutter claims she was terminated in May because the ex-leader disagreed with recommendations she provided to Congress in a report concerning AI.
She allegedly received an email from the White House informing her that her role was “terminated effective immediately,” according to her staff.
A divided appeals court panel decided that Perlmutter could retain her position while the case moves forward.
“The administration's alleged blatant interference with the duties of a congressional officer, as she carries out statutorily authorized responsibilities to counsel 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 ruling. Both justices were nominated to the appellate court by Democrat President Joe Biden.
In opposition, Judge Justin Walker, a Trump appointee, argued that Perlmutter “uses executive authority in a variety of manners.”
Perlmutter's lawyers have contended that she is a renowned intellectual property expert. She has acted as copyright director since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The ex-leader named assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had fired Hayden amid criticism from right-leaning groups that she was promoting a “woke” program.