Former President Trump's Administration Seeks High Court Approval to Dismiss Leading Intellectual Property Director
The former president's administration on Monday petitioned the US Supreme Court to allow the termination of the director of the US Copyright Office.
This urgent appeal comes about six weeks after a federal appellate court in Washington ruled that the director, Shira Perlmutter, cannot be solely dismissed.
Nearly one month prior, the entire District of Columbia circuit court declined to review that decision.
This legal matter is the latest in a line of cases related to executive power to place chosen heads at federal agencies.
The High Court has generally permitted such actions, even as legal disputes proceed.
However, this particular matter concerns an bureau inside the national library. Perlmutter acts as the register of copyrights and also advises the legislature on copyright matters.
The government's top lawyer, D John Sauer, stated in the legal document that, regardless of ties to the legislative branch, the register “exercises administrative power” in overseeing intellectual property rights.
Perlmutter claims she was terminated in May because the former president disagreed with recommendations she gave to Congress in a report concerning AI.
She allegedly received an email from the White House notifying her that her role was “terminated effective at once,” according to her office.
A split appeals court panel decided that Perlmutter could retain her job while the case moves forward.
“The administration's claimed obvious meddling with the work of a congressional official, as she performs statutorily authorized duties to counsel 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 joined the opinion. Both justices were nominated to the appeals court by Democrat leader Joe Biden.
In opposition, Justice Justin Walker, a former president's nominee, argued that Perlmutter “uses executive power in a host of ways.”
Perlmutter's lawyers have contended that she is a renowned intellectual property specialist. She has acted as register of copyrights since ex- librarian of Congress Carla Hayden appointed her to the role in October 2020.
The ex-leader appointed assistant attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had fired Hayden following criticism from right-leaning groups that she was promoting a “woke” program.