Summary
- Trump administration asked Supreme Court to allow firing copyright chief.
- Target official: Shira Perlmutter, director of U.S. Copyright Office.
- Lower courts ruled Perlmutter cannot be fired unilaterally.
A month and a half after a federal appeals court in Washington ruled that Shira Perlmutter, the official, could not be fired unilaterally, the administration filed its most recent emergency appeal to the top court.
The entire U.S. Court of Appeals for the District of Columbia Circuit declined to reexamine that decision almost four weeks ago.
This is the most recent lawsuit involving Trump's power to appoint his own individuals to lead federal agencies. Despite ongoing legal challenges, the Supreme Court has mainly permitted Trump to fire officials.
However, this case relates to a Library of Congress office. In addition to serving as the copyright register, Perlmutter counsels Congress on copyright matters.
In his filing on Monday, Solicitor General D. John Sauer stated that the register "wields executive power" in managing copyrights, even with its connections to Congress.
According to Perlmutter, Trump dismissed her in May because he disagreed with the recommendations she made to Congress in an artificial intelligence report. "Your position as the Register of Copyrights and Director at the U.S. Copyright Office is terminated effective immediately," according to an email that Perlmutter received from the White House, according to her office.
A divided appellate panel ruled that Perlmutter could keep her job while the case moves forward.
“The Executive’s alleged blatant interference with the work of a Legislative Branch official, as she performs statutorily authorized duties to advise Congress, strikes us as a violation of the separation of powers that is significantly different in kind and in degree from the cases that have come before,”
Judge Florence Pan wrote for the appeals court. Judge Michelle Childs joined the opinion. Democratic President Joe Biden appointed both judges to the appeals court.
Perlmutter "exercises executive power in a host of ways," according to a dissenting opinion by Trump appointee Judge Justin Walker.
According to Perlmutter's lawyers, she is a well-known copyright specialist. Since being appointed to the position in October 2020 by then-Librarian of Congress Carla Hayden, she has been the copyright register.
Todd Blanche was named Deputy Attorney General by Trump to take Hayden's job at the Library of Congress. Hayden was sacked by the White House after conservatives criticized her for pushing a "woke" agenda.
What legal basis is the administration citing for removal of the Register of Copyrights?
The Trump administration cites the legal basis for removing the Register of Imprints on the grounds that, despite the Register's position within the Library of Congress, the party exercises administrative authority over brand administration and enforcement. Thus, the administration argues the Register is an administrative branch functionary subject to presidential junking powers.
The administration contends that the chairman retains the indigenous authority to remove Administrative officers, including the Register of Imprints, to insure responsibility and control over administrative functions. They emphasize that the Register directs the U.S. Copyright Office, administers brand enrollments, and tools regulations, functions characteristic of an administrative part.
This contrasts with the opposing legal view that the Register is a legislative branch officer defended by limited junking to save independence, meaning the chairman can not unilaterally remove the Register without congressional involvement.