Former President Trump's Team Seeks Supreme Court Permission to Fire Top Intellectual Property Official
The former president's government on Monday petitioned the nation's highest court to permit the termination of the director of the US Copyright Office.
This urgent appeal follows roughly a month and a half after a national appellate court in Washington ruled that the director, Shira Perlmutter, could not be solely fired.
Almost one month ago, the full District of Columbia circuit court declined to review that ruling.
This case is the most recent in a line of disputes related to executive authority to place chosen heads at federal agencies.
The Supreme Court has mostly permitted such actions, even as legal disputes continue.
However, this specific case involves an office within the national library. Perlmutter acts as the register of copyrights and also advises Congress on intellectual property matters.
The solicitor general, D John Sauer, argued in the filing that, regardless of connections to Congress, the register “exercises administrative power” in regulating intellectual property rights.
Perlmutter claims she was terminated in May because the former president disapproved with recommendations she gave to Congress in a document concerning artificial intelligence.
She reportedly received an message from the White House informing her that her role was “ended effective immediately,” as stated by her staff.
A split appellate group ruled that Perlmutter could retain her job while the legal dispute moves forward.
“The administration's alleged blatant meddling with the duties of a Legislative Branch official, as she performs legally authorized duties to advise the legislature, strikes us as a violation of the division of government authority,” stated Judge Florence Pan for the appellate panel.
Judge J Michelle Childs supported the ruling. Both judges were nominated to the appellate court by Democratic leader Joe Biden.
In opposition, Justice Justin Walker, a Trump appointee, argued that Perlmutter “uses executive power in a variety of manners.”
Perlmutter's lawyers have contended that she is a well-known intellectual property expert. She has served as copyright director since ex- 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 national library. The administration had dismissed Hayden following criticism from right-leaning groups that she was promoting a “progressive” program.