Former President Trump's Team Asks Supreme Court Approval to Fire Top Intellectual Property Official

The ex- leader's administration on Monday petitioned the US Supreme Court to permit the removal of the head of the US Copyright Office.

This emergency request comes about six weeks after a national appellate court in Washington ruled that the official, Shira Perlmutter, could not be solely dismissed.

Nearly four weeks ago, the entire District of Columbia appeals court refused to reconsider that decision.

This legal matter is the most recent in a series of cases related to presidential authority to appoint chosen leaders at government offices.

The High Court has generally permitted such actions, even as court challenges proceed.

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

The solicitor general, D John Sauer, argued in the legal document that, despite ties to Congress, the register “wields executive power” in overseeing intellectual property rights.

Perlmutter claims she was fired in May because the former president disapproved with advice she provided to Congress in a report related to AI.

She reportedly received an email from the administration notifying her that her role was “ended starting immediately,” as stated by her office.

A divided appeals court panel ruled that Perlmutter could keep her position while the legal dispute moves forward.

“The administration's alleged blatant interference with the work of a congressional official, as she carries out statutorily approved duties 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 joined the ruling. Both justices were nominated to the appellate court by Democrat President Joe Biden.

In opposition, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “uses administrative authority in a variety of ways.”

Perlmutter's attorneys have contended that she is a well-known intellectual property expert. She has acted as register of copyrights since former librarian of Congress Carla Hayden selected her to the position in October 2020.

The former president named assistant attorney general Todd Blanche to succeed Hayden at the national library. The White House had dismissed Hayden amid complaints from right-leaning groups that she was promoting a “progressive” agenda.

Sara Clark
Sara Clark

Lena is a seasoned agile coach and software developer with over a decade of experience in transforming teams and delivering high-quality digital solutions.