Former President Trump's Administration Seeks High Court Approval to Fire Top Copyright Official

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

This urgent request comes about six weeks after a federal appeals court in Washington decided that the official, Shira Perlmutter, cannot be solely fired.

Almost four weeks prior, the entire District of Columbia circuit court declined to review that ruling.

This case is the latest in a line of cases concerning presidential power to place chosen leaders at government agencies.

The High Court has generally permitted such actions, even as legal disputes continue.

However, this specific case involves an bureau within the national library. Perlmutter acts as the register of copyrights and also advises Congress on copyright matters.

The government's top lawyer, D John Sauer, argued in the filing that, regardless of ties to Congress, the director “wields executive authority” in regulating copyrights.

Perlmutter claims she was terminated in May because the former president disagreed with advice she gave to Congress in a document related to AI.

She allegedly got an message from the administration informing her that her position was “terminated effective immediately,” as stated by her staff.

A divided appellate panel decided that Perlmutter could keep her position while the case moves forward.

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

Judge J Michelle Childs supported the opinion. Both judges 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 host of ways.”

Perlmutter's lawyers have argued that she is a well-known copyright expert. She has acted as copyright director since former head librarian Carla Hayden selected her to the position in October 2020.

The former president appointed deputy attorney general Todd Blanche to succeed Hayden at the Library of Congress. The administration had dismissed Hayden amid criticism from conservatives that she was promoting a “woke” program.

Derrick Graham
Derrick Graham

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