🔗 Share this article

The ex- president's administration on Monday requested the nation's highest court to permit the termination of the head of the US Copyright Office.

This urgent request comes about six weeks after a national appellate court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally fired.

Nearly one month prior, the entire District of Columbia circuit court refused to reconsider that decision.

This case is the latest in a line of disputes related to executive power to appoint preferred leaders at federal offices.

The High Court has generally permitted such dismissals, even as court disputes proceed.

However, this specific matter concerns an office inside the Library of Congress. Perlmutter acts as the copyright registrar and also advises Congress on copyright issues.

The solicitor general, D John Sauer, stated in the filing that, despite connections to the legislative branch, the register “exercises executive power” in overseeing intellectual property rights.

Perlmutter alleges she was terminated in May because the former president disapproved with recommendations she provided to Congress in a document concerning AI.

She allegedly received an message from the White House informing her that her role was “terminated effective immediately,” according to her staff.

A split appellate panel decided that Perlmutter could keep her position while the legal dispute moves forward.

“The administration's alleged obvious interference with the duties of a congressional officer, as she performs legally authorized responsibilities to advise the legislature, appears to be a breach of the division of government authority,” wrote Justice Florence Pan for the appeals court.

Justice J Michelle Childs supported the ruling. Both justices were appointed to the appellate court by Democratic President Joe Biden.

In dissent, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “exercises administrative power in a host of ways.”

Perlmutter's lawyers have argued that she is a well-known intellectual property specialist. She has served as copyright director since ex- librarian of Congress Carla Hayden appointed her to the role in October 2020.

The ex-leader appointed deputy attorney general Todd Blanche to replace Hayden at the Library of Congress. The administration had dismissed Hayden following criticism from right-leaning groups that she was advancing a “woke” agenda.