ABC News: The Trump administration on Monday asked the Supreme Court to uphold the president’s removal of the Register of Copyrights Shira Perlmutter from her influential post earlier this year inside the Library of Congress that oversees and enforces the United States’ copyright system.
The request is the latest appeal to the justices over President Donald Trump’s expansive view of presidential control over the federal government. Next month, the Supreme Court will consider the president’s ability to fire members of independent federal agencies without cause; early next year, it will also examine the president’s control over members of the Federal Reserve.
Under federal law, the Register of Copyrights is appointed by and reports to the Librarian of Congress, who in turn is appointed by the president for a 10-year term after confirmation by the Senate.
Trump fired the Biden-appointed Librarian Carla Hayden without cause shortly after taking office and replaced her on an acting basis with Deputy Attorney General Todd Blanche. Blanche then removed Perlmutter.
Perlmutter alleges Blanche lacks the authority to remove her.
A federal appeals court in a 2-1 decision ordered Perlmutter reinstated, concluding the offices of Librarian of Congress and Register of Copyrights are “legislative officers” not “executive officers” under the Constitution — both requiring congressional input.
The administration is asking the justices to overturn that decision — at least on an interim basis — and ultimately to take up the bigger legal questions surrounding the status of the Library of Congress and those who lead it.
