Federal court overturns decision, denies Trump power to dismiss Copyright Office's administrator
The U.S. Court of Appeals for the District of Columbia Circuit has ruled that President Donald Trump does not have the authority to unilaterally remove and replace the director of the U.S. Copyright Office.
In a 2-1 decision, the appeals court temporarily blocked Trump's administration from firing Shira Perlmutter as the register of copyrights. Perlmutter, a renowned copyright expert, has served in this role since October 2020, when then-Librarian of Congress Carla Hayden appointed her.
The court's ruling comes amid controversy over Perlmutter's removal. Her attorneys claim she was dismissed in May due to advice she gave to Congress in a report related to artificial intelligence. However, Perlmutter is still serving as register, according to Judge Timothy Kelly, despite her purported removal.
Judge Justin Walker, a Trump nominee, wrote a dissenting opinion, stating that the register of copyrights exercises executive power. However, the majority of the three-judge panel, including Circuit Judges Florence Pan and J. Michelle Childs, concluded that Perlmutter's purported firing was likely illegal.
The appeals court's ruling states that Blanche's appointment to serve as acting librarian of Congress was also likely unlawful, as the position is subject to Senate confirmation. The director of Perlmutter's office is chosen by the librarian of Congress, who is a legislative branch employee but is nominated by the president and is subject to Senate confirmation.
The White House had no immediate comment on the court's decision. The current Librarian of Congress who was dismissed by President Trump is Carla Hayden. The firing of Hayden, amid criticism from conservatives that she was advancing a "woke" agenda, took place earlier this year.
It is worth noting that the ruling in Perlmutter's favor would not disrupt the work of the U.S. Copyright Office, as per Judge Pan's opinion. The ruling is a significant development in the ongoing legal battle over the President's authority to remove officials from their positions within the legislative branch.
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