Former President Trump's Administration Asks Supreme Court Approval to Dismiss Top Intellectual Property Director
The ex- president's administration on Monday petitioned the US Supreme Court to permit the removal of the director of the American copyright authority.
This urgent appeal comes about six weeks after a national appeals court in Washington decided that the official, Shira Perlmutter, cannot be unilaterally fired.
Nearly four weeks prior, the entire District of Columbia circuit court refused to review that decision.
This legal matter is the latest in a line of cases related to presidential authority to appoint preferred leaders at government agencies.
The Supreme Court has mostly allowed such actions, even as legal disputes continue.
However, this specific case involves an bureau inside the national library. Perlmutter serves as the copyright registrar and also counsels the legislature on intellectual property matters.
The government's top lawyer, D John Sauer, argued in the legal document that, despite ties to the legislative branch, the director “exercises administrative power” in overseeing intellectual property rights.
Perlmutter alleges she was fired in May because the former president disagreed with advice she provided to lawmakers in a document concerning artificial intelligence.
She allegedly got an email from the administration notifying her that her role was “terminated effective immediately,” according to her office.
A split appellate panel ruled that Perlmutter could retain her job while the legal dispute proceeds.
“The Executive's claimed obvious meddling with the duties of a congressional officer, as she carries out statutorily approved responsibilities to advise the legislature, appears to be a breach of the separation of powers,” wrote Judge Florence Pan for the appeals court.
Judge J Michelle Childs supported the ruling. Both judges were appointed to the appellate court by Democratic President Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, argued that Perlmutter “exercises executive power in a host of ways.”
Perlmutter's attorneys have argued that she is a well-known intellectual property expert. She has acted as register of copyrights since ex- head librarian Carla Hayden selected her to the role in October 2020.
The former president appointed deputy attorney general Todd Blanche to replace Hayden at the national library. The White House had dismissed Hayden amid criticism from right-leaning groups that she was promoting a “progressive” agenda.