The Trump administration has asked the Supreme Court to allow President Trump to fire the director of the U.S. Copyright Office, after a divided federal appeals court panel allowed him to remain in his post.
Justice Department filed an emergency application Justices at the high court were asked Monday to block the U.S. Court of Appeals for the D.C. Circuit’s decision blocking Trump’s firing of Shira Perlmutter while the case moves forward.
Solicitor General D. John Sawyer wrote in the administration’s request, “This application involves yet another case of inappropriate judicial interference with the President’s power to remove executive officers – here, the Register of Copyrights.”
Perlmutter wasfired in mayFollowing the release of a report that raised questions about whether companies can legally train artificial intelligence models using copyrighted material.
As Trump sought to remove him, he also removed the Librarian of Congress, to whom Perlmutter had reported, and appointed Deputy Attorney General Todd Blanch to take over the post.
Although Perlmutter lost before a district judge, an appeals panel ruled 2-1 That his firing was probably illegal and it was put on hold until the case was settled by the court. The majority argued that the executive branch has “no authority to punish a legislative branch official for advice given to Congress.”
Trump-appointed U.S. Circuit Judge Justin Walker wrote in a dissenting opinion He would not have allowed Perlmutter to remain in office while she challenges the legality of her removal because the Register of Copyrights exercises executive power. He said the Supreme Court has “repeatedly and unequivocally” blocked lower court orders that prevent Trump from firing officials exercising executive power.
The judges requested a response from Perlmutter by November 10.
Sawyer argued that the appeals court’s decision marked a “shocking about-face” of its previous determinations that the Library of Congress and librarians fall under the executive branch.
“Like previous cases where lower courts have weakened the President’s constitutional authority to oversee executive agencies, this Court should grant adjudication: the case is certified, the President had the authority to direct defendant’s removal, the D.C. Circuit lacked equitable authority to reinstate him, and the balance of equities favors the government,” he wrote.
Perlmutter challenged her dismissal, arguing in a lawsuit that Trump had no power to fire her and that Blanche had been installed unlawfully, meaning he had no authority to fire her.
She is represented by Democracy Forward challenging the Trump administration’s actions. The Hill requested comment.
Perlmutter is the latest official whose case over his dismissal has reached the Supreme Court. The justices are expected to hear arguments in two such cases in the coming weeks: the removal of Federal Trade Commission member Rebecca Slaughter will be considered in December, and the dismissal of Federal Reserve Board of Governors member Lisa Cook will be heard in January.
