In October 2020, Shira Perlmutter was named Register of Copyrights by Carla Hayden, then Librarian of Congress. This position, housed within the Library of Congress, serves as the chief advisor to Congress on copyright matters. The Librarian, nominated by the president and confirmed by the Senate, holds a 10-year term.
On May 8, President Donald Trump dismissed Hayden from her role. Swiftly, he appointed Todd Blanche, deputy U.S. attorney general and former personal attorney, as Acting Librarian of Congress. This move set the stage for significant changes within the office and now, a potential Supreme Court battle, as SCOTUSblog reports.
Just a day later, on May 9, the U.S. Copyright Office issued a draft report on artificial intelligence. Sources indicate Trump disagreed with its recommendations, highlighting a policy rift. This tension quickly escalated into a broader conflict over authority and control.
On May 10, Perlmutter received an abrupt email from the White House Presidential Personnel Office. She was informed of her immediate removal from the Register of Copyrights position. Such a direct dismissal raised eyebrows about executive overreach.
Determined to fight back, Perlmutter sought judicial intervention to halt her ouster. She argued her removal was unjust and outside the president’s direct authority. This legal challenge marked the beginning of a contentious battle over separation of powers.
Initially, U.S. District Judge Timothy Kelly rejected Perlmutter’s plea for temporary reinstatement. Her request to remain in office while contesting the firing was denied. This early setback seemed to favor the administration’s stance on executive control.
However, on Sept. 10, a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit intervened.
They granted Perlmutter’s request, temporarily restoring her to the position. This ruling directly challenged the White House’s authority in the matter.
The full D.C. Circuit later declined to reconsider the Trump administration’s appeal against this reinstatement. The decision stood, intensifying the legal showdown. It appeared the judiciary was leaning toward limiting presidential power in this sphere.
On Oct. 27, U.S. Solicitor General D. John Sauer escalated the issue to the Supreme Court. He urged the justices to pause the appeals court’s order, arguing it undermined executive prerogative. The administration clearly sought a definitive ruling on its powers.
Sauer presented a robust set of arguments, asserting the Register of Copyrights operates within the executive branch. He cited duties like issuing regulations, handling copyright registrations, enforcing laws, and engaging in international copyright forums as evidence. These functions, he argued, fall squarely under presidential oversight.
Additionally, Sauer warned that deeming the Librarian and Register as legislative officers would render much of federal copyright law unconstitutional. Congress, he noted, lacks authority to execute laws directly. This constitutional angle added weight to the administration’s position. “If the Librarian and Register were legislative officers, much of federal copyright law would violate the Constitution,” Sauer argued.
Isn’t it ironic that courts claiming to protect separation of powers might be overstepping their own boundaries? The administration’s argument for executive control seems grounded in both precedent and practicality, unlike the appeals court’s questionable overreach.
Sauer further challenged the D.C. Circuit’s authority to reinstate Perlmutter, calling interim reinstatement an improper remedy. He insisted that back pay, not a return to office, is the traditional solution for unlawful removals. This point underscores a preference for established legal norms over judicial activism.
Finally, on Oct. 27, the Supreme Court directed Perlmutter to respond to the government’s request by Nov. 10 at 4 p.m. EST. This deadline sets the stage for a critical ruling on executive power. The nation watches as this clash over authority unfolds at the highest level.
