Former President Trump's Team Asks Supreme Court Permission to Fire Top 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 emergency appeal comes roughly six weeks after a federal appeals court in Washington decided that the official, Shira Perlmutter, cannot be solely fired.
Nearly four weeks ago, the entire District of Columbia appeals court declined to reconsider that decision.
This case is the latest in a line of cases related to presidential power to appoint preferred heads at government offices.
The High Court has mostly allowed such dismissals, even as court disputes proceed.
However, this particular matter involves an bureau inside the national library. Perlmutter serves as the copyright registrar and also counsels Congress on intellectual property matters.
The solicitor general, D John Sauer, stated in the filing that, regardless of ties to the legislative branch, the register “exercises executive authority” in regulating intellectual property rights.
Perlmutter alleges she was fired in May because the ex-leader disagreed with advice she provided to Congress in a document related to AI.
She allegedly received an email from the White House notifying her that her position was “terminated starting at once,” as stated by her staff.
A divided appellate panel decided that Perlmutter could keep her position while the legal dispute proceeds.
“The administration's alleged obvious meddling with the duties of a congressional official, as she performs statutorily authorized duties to counsel the legislature, strikes us as a breach of the division of government authority,” wrote Justice Florence Pan for the appeals court.
Judge J Michelle Childs joined the ruling. Both justices were appointed to the appeals court by Democrat President Joe Biden.
In opposition, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “exercises administrative power in a host of ways.”
Perlmutter's attorneys have argued that she is a well-known copyright specialist. She has acted as register of copyrights since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The ex-leader appointed assistant attorney general Todd Blanche to replace Hayden at the national library. The White House had fired Hayden amid complaints from right-leaning groups that she was promoting a “woke” agenda.