Trump lacks the power to dismiss the Director of the Copyright Office, according to a court ruling
U.S. Court of Appeals Rules Against Trump's Unilateral Removal of Copyright Office Director
In a landmark ruling, the U.S. Court of Appeals for the District of Columbia Circuit has determined that President Donald Trump does not have the authority to unilaterally remove and replace the Director of the U.S. Copyright Office.
The ruling, made on Wednesday, comes in response to the case of Shira Perlmutter, the Register of Copyrights, who was purportedly fired by Trump in May. Perlmutter's attorneys claim she is a renowned copyright expert who has served as Register of Copyrights since then-Librarian of Congress Carla Hayden appointed her to the job in October 2020.
The three-judge panel, which included Circuit Judges Florence Pan and J. Michelle Childs, concluded that Perlmutter's purported firing was likely illegal. They argued that Perlmutter's position, which is considered part of the legislative branch of government, is subject to Senate confirmation, and her office is housed within the Library of Congress.
In a dissenting opinion, Judge Justin Walker, a Trump nominee, argued that the Register of Copyrights exercises executive power. However, the majority of the panel disagreed, stating that Perlmutter's removal would be disruptive, while Perlmutter's continued service would not disrupt the work of the U.S. Copyright Office.
U.S. District Judge Timothy Kelly, a Trump nominee, previously ruled that Perlmutter failed to meet her legal burden to show how removing her from the position would cause her irreparable harm. However, the appeals court overturned this decision, stating that Perlmutter had demonstrated a likelihood of success on the merits of her claim that her removal was unlawful.
The White House had no immediate comment on the court's decision. Trump appointed Deputy Attorney General Todd Blanche to replace Hayden at the Library of Congress following Perlmutter's purported removal. However, according to Pan, Perlmutter is still serving as Register despite her removal.
The appeals court's ruling also has implications for the appointment of the Librarian of Congress. The person nominated by President Joe Biden's administration to serve as Librarian of Congress is Florence Pan, who, along with Childs, concluded that Kelly abused his discretion and failed to weigh other factors favoring Perlmutter's request for a preliminary injunction.
The ruling marks a significant victory for Perlmutter and the U.S. Copyright Office, as it upholds the principle of checks and balances within the U.S. government and the importance of Senate confirmation for key appointments. It also raises questions about the future of the Library of Congress and the role of the Librarian of Congress in the Biden administration.
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