The Trump administration has asked the Supreme Court to let President Trump refire the director of the U.S. Copyright Office, after a divided federal appeals court panel allowed her to remain in her post.
The Justice Department filed an emergency application at the high court Monday asking the justices to pause the U.S. Court of Appeals for the D.C. Circuit’s decision blocking Trump’s termination of Shira Perlmutter as the case proceeds.
“This application involves another case of improper judicial interference with the President’s power to remove executive officers — here, the Register of Copyrights,” Solicitor General D. John Sauer wrote in the administration’s request.
Perlmutter was fired in May after releasing a report that questioned whether companies can legally train artificial intelligence models using copyrighted materials.
As Trump sought to remove her, he also fired the Librarian of Congress, to whom Perlmutter reported, and installed Deputy Attorney General Todd Blanche to take the helm.
Though Perlmutter lost before a district judge, the appeals panel ruled 2-1 that her firing was likely unlawful and blocked it until the court resolves the case. The majority argued that the executive branch has “no authority to punish a legislative branch official for the advice that she provides to Congress.”
U.S. Circuit Judge Justin Walker, a Trump appointee, wrote in a dissenting opinion that he would not have allowed Perlmutter to remain in her position while she challenges the legality of her removal because the Register of Copyrights exercises executive power. He noted that the Supreme Court has “repeatedly and unequivocally” stayed lower court injunctions barring Trump from firing officers exercising executive power.
The justices requested a response from Perlmutter by Nov. 10.
Sauer argued that the appeals court’s ruling marked a “startling about-face” of its previous determinations that the Library of Congress and librarian fall within the executive branch.
“As in past cases where lower courts have impaired the President’s constitutional authority to oversee executive agencies, this Court should grant a stay: the case is certworthy, the President had authority to direct respondent’s removal, the D.C. Circuit lacked equitable authority to reinstate her, and the balance of equities favors the government,” he wrote.
Perlmutter contends in the lawsuit challenging her firing that Trump had no power to fire her and Blanche was unlawfully installed, meaning he had no authority to effectuate her removal either.
She’s represented by Democracy Forward, a prolific challenger of Trump administration actions. The Hill requested comment.
Perlmutter is the latest official whose firing has reached the Supreme Court. The justices are slated to hear arguments in two such cases in coming weeks: Federal Trade Commission member Rebecca Slaughter’s removal will be weighed in December, and Federal Reserve board of governors member Lisa Cook’s firing will be heard in January.
Â
