President Donald Trump's administration asked the Supreme Court on Monday to let it fire the director of the U.S. Copyright Office, escalating a constitutional dispute over presidential authority.
The emergency request comes after a federal appeals court ruled in September that Shira Perlmutter, the register of copyrights, could not be dismissed unilaterally because her position is part of the Library of Congress.
The administration argues that Perlmutter “wields executive power” and should therefore be subject to removal by the president. The case marks the latest test of Trump’s efforts to install loyalists in top federal roles as courts weigh the limits of executive power.
Newsweek reached out to the White House via email and the DOJ via online form on Monday for comment.
Trump has sought to oust officials across various departments, including the Federal Reserve, the FBI, the Centers for Disease Control and Prevention (CDC), and others. Several of these firings have led to lawsuits over the nature and validity of the president's authority to replace these individuals, calling into question the limits of the president's control over personnel across the federal government.
The Copyright Office is part of the legislative branch, housed within the Library of Congress. The register is appointed by the librarian of Congress, who is nominated by the president and confirmed by the Senate.
Perlmutter, described by her attorneys as a leading copyright expert, was appointed by then-Librarian of Congress Carla Hayden in October 2020. Trump later fired Hayden, installing Deputy Attorney General Todd Blanche as acting librarian amid conservative criticism that Hayden advanced a "woke" agenda.
The Supreme Court's decision will clarify whether presidents can remove officials who perform advisory duties to Congress, potentially establishing a precedent that extends beyond copyright matters to executive authority across federal agencies.
Perlmutter claims Trump fired her in May because he disapproved of the advice she gave to Congress in a report related to artificial intelligence. She received an email from the White House notifying her that "your position as the Register of Copyrights and Director at the U.S. Copyright Office is terminated effective immediately." Despite the purported removal, Perlmutter is the register of copyrights and also advises Congress on copyright issues.
In September, a divided appellate panel ruled that Perlmutter could keep her job while the case moves forward. A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit voted 2-1 to temporarily block Trump's removal. Circuit Judges Florence Pan and J. Michelle Childs, both nominated by President Joe Biden, concluded that Perlmutter's firing was likely illegal.