🔗 Share this article

The ex- leader's administration on Monday requested the nation's highest court to permit the removal of the director of the US Copyright Office.

This urgent appeal comes about a month and a half after a federal appeals court in Washington ruled that the director, Shira Perlmutter, could not be unilaterally dismissed.

Almost one month ago, the full District of Columbia appeals court refused to review that ruling.

This case is the latest in a line of cases related to presidential power to place preferred heads at government agencies.

The High Court has mostly allowed such dismissals, even as legal disputes proceed.

However, this particular matter concerns an office within the national library. Perlmutter serves as the register of copyrights and also counsels the legislature on copyright issues.

The solicitor general, D John Sauer, argued in the legal document that, regardless of ties to Congress, the director “exercises executive power” in regulating intellectual property rights.

Perlmutter claims she was fired in May because the former president disagreed with advice she gave to Congress in a report concerning artificial intelligence.

She allegedly got an email from the White House notifying her that her position was “terminated effective immediately,” as stated by her office.

A split appeals court group ruled that Perlmutter could retain her position while the legal dispute proceeds.

“The administration's claimed obvious interference with the duties of a congressional officer, as she performs statutorily authorized responsibilities to advise the legislature, appears to be a violation of the division of government authority,” wrote Judge Florence Pan for the appellate panel.

Judge J Michelle Childs supported the opinion. Both judges were nominated to the appellate court by Democratic leader Joe Biden.

In dissent, Judge Justin Walker, a Trump appointee, argued that Perlmutter “uses administrative power in a variety of ways.”

Perlmutter's attorneys have argued that she is a renowned copyright specialist. She has acted as copyright director since former head librarian Carla Hayden appointed her to the role in October 2020.

The ex-leader named assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had fired Hayden following criticism from right-leaning groups that she was promoting a “woke” program.