Former President Trump's Team Asks High Court Permission to Dismiss Top Intellectual Property Official
The ex- president's administration on Monday petitioned the nation's highest court to allow the termination of the director of the US Copyright Office.
This urgent appeal comes roughly six weeks after a federal appellate court in Washington ruled that the director, Shira Perlmutter, could not be unilaterally fired.
Nearly one month prior, the full District of Columbia circuit court refused to reconsider that ruling.
This legal matter is the most recent in a line of cases related to executive power to place preferred leaders at government offices.
The High Court has generally allowed such dismissals, even as legal challenges continue.
However, this specific case concerns an office within the Library of Congress. Perlmutter acts as the copyright registrar and also counsels the legislature on intellectual property matters.
The solicitor general, D John Sauer, stated in the legal document that, despite connections to the legislative branch, the director “exercises executive authority” in regulating intellectual property rights.
Perlmutter alleges she was fired in May because the former president disagreed with advice she gave to lawmakers in a report concerning artificial intelligence.
She reportedly got an email from the White House informing her that her position was “terminated starting immediately,” as stated by her staff.
A divided appellate group decided that Perlmutter could keep her job while the legal dispute proceeds.
“The Executive's alleged blatant meddling with the duties of a Legislative Branch official, as she carries out statutorily authorized responsibilities to advise the legislature, appears to be a breach of the separation of powers,” wrote Justice Florence Pan for the appeals court.
Justice J Michelle Childs joined the ruling. Both judges were appointed to the appellate court by Democrat President Joe Biden.
In opposition, Judge Justin Walker, a Trump appointee, argued that Perlmutter “uses executive power in a variety of ways.”
Perlmutter's attorneys have argued that she is a well-known copyright expert. She has served as register of copyrights since ex- librarian of Congress Carla Hayden selected her to the position in October 2020.
The former president named assistant attorney general Todd Blanche to replace Hayden at the national library. The White House had fired Hayden amid criticism from conservatives that she was advancing a “woke” program.