Trump Department of Justice Contests D.C. Circuit Court's Temporary Decision Reinstating Copyright Registration
The ongoing legal battle over the removal of Librarian of Congress Shira Perlmutter has taken a new turn, with Perlmutter filing a complaint against President Trump on May 22, claiming the move was "unlawful and ineffective."
Trump fired Perlmutter on May 9 and named Deputy Attorney General at the U.S. Department of Justice, Todd Blanche, as acting Librarian of Congress. However, Perlmutter asserts that no official at the Library of Congress has recognised Blanche as the acting Librarian of Congress.
The Library of Congress, described on its website as the main research arm of the U.S. Congress and an agency of the legislative branch of the U.S. government, is at the heart of the controversy. The Trump Administration, on the other hand, views the Library as an "independent establishment" under the Federal Vacancies Reform Act, giving the President the authority to appoint a temporary replacement.
The DOJ has filed a petition for rehearing with the U.S. Court of Appeals for the D.C. Circuit regarding the temporary restoration of Perlmutter. The petition argues that the Library of Congress satisfies the criteria to be considered an "independent establishment" and that the duties of the Register, such as interpreting and applying the Copyright Act, are "quintessentially executive."
Judge Walker dissented to the D.C. Circuit's decision to grant Perlmutter an injunction, citing a case where the D.C. Circuit recognised the executive power exercised by the Library. The petition claims the D.C. Circuit panel failed to reconcile its view of Perlmutter as a legislative officer with these executive functions.
Perlmutter's complaint alleges an unprecedented violation of the separation of powers due to her removal due to disagreement with her recommendations related to an AI report. The AI report's latest installment was published one day before Perlmutter was fired. The DOJ's petition, however, argues that the view of the Register as a legislative officer is "impossible to reconcile" with the Copyright Act and previous court decisions.
The government contends that the court mistakenly believed the Library is not likely an "independent establishment" because it is not in the executive branch. The D.C. Circuit decision states that the district court failed to adequately consider the specific circumstances of this case. The Trump Administration views the September 10 court ruling as an "extraordinary step."
The DOJ's petition for rehearing is a significant development in the ongoing legal battle, with both sides presenting strong arguments for their respective positions. The outcome of this case could have significant implications for the separation of powers and the role of the Librarian of Congress.
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