Trump Team Seeks Supreme Court Permission to Fire Leading Intellectual Property Director
The former leader's administration on Monday petitioned the nation's highest court to allow the removal of the head of the US Copyright Office.
This emergency request comes about six weeks after a national appellate court in Washington decided that the official, Shira Perlmutter, cannot be unilaterally fired.
Almost four weeks ago, the full District of Columbia appeals court declined to review that ruling.
This case is the latest in a line of disputes concerning executive authority to place chosen heads at federal agencies.
The High Court has generally permitted such actions, even as legal challenges proceed.
However, this specific case concerns an office within the Library of Congress. Perlmutter acts as the copyright registrar and also advises the legislature on copyright issues.
The government's top lawyer, D John Sauer, argued in the filing that, despite connections to Congress, the register “wields administrative power” in regulating intellectual property rights.
Perlmutter alleges she was terminated in May because the former president disapproved with recommendations she provided to Congress in a document related to artificial intelligence.
She allegedly received an email from the White House notifying her that her role was “terminated effective immediately,” as stated by her office.
A divided appeals court group ruled that Perlmutter could keep her job while the case moves forward.
“The Executive's alleged blatant meddling with the duties of a Legislative Branch official, as she performs legally authorized duties to advise the legislature, appears to be a breach of the separation of powers,” wrote Justice Florence Pan for the appeals court.
Judge J Michelle Childs joined the opinion. Both judges were appointed to the appellate court by Democrat President Joe Biden.
In dissent, Justice Justin Walker, a former president's nominee, argued that Perlmutter “exercises executive authority in a host of ways.”
Perlmutter's lawyers have contended that she is a well-known intellectual property specialist. She has served as register of copyrights since ex- head librarian Carla Hayden selected her to the role in October 2020.
The former president appointed deputy attorney general Todd Blanche to succeed Hayden at the Library of Congress. The administration had fired Hayden following complaints from right-leaning groups that she was promoting a “progressive” program.