Supreme Court Delays Ruling on Trump’s Authority to Remove Copyright Chief

The U.S. Supreme Court has delayed a ruling concerning the authority of former President Donald Trump to remove Shira Perlmutter, the head of the U.S. Copyright Office. This decision stems from a request made by the Trump administration to overturn a federal appeals court ruling that reinstated Perlmutter while she challenges her dismissal.

Background of the Case

The legal controversy began on May 10, 2020, when Perlmutter was notified of her immediate termination via email from the White House. This action occurred shortly after the Copyright Office had released a report on artificial intelligence, which reportedly included recommendations that Trump opposed.

Legal Proceedings

• Perlmutter filed a lawsuit after her dismissal, contesting the legality of her firing.
• U.S. District Judge Timothy Kelly denied her initial request for reinstatement.
• However, the U.S. Court of Appeals for the District of Columbia Circuit overturned this decision by a 2-1 vote, allowing Perlmutter to return to her position.

Supreme Court Involvement

On October 27, 2020, the Trump administration appealed to the Supreme Court, seeking to pause the reinstatement order. U.S. Solicitor General D. John Sauer argued that the Register of Copyrights is part of the executive branch, hence the president’s authority to appoint or dismiss this position.

Key Arguments

Perlmutter contended that the Copyright Office is not an executive agency and thus should be outside presidential control. She asserted that the Librarian of Congress, who is also a part of the executive branch, unlawfully terminated her because of the improper appointment of Deputy U.S. Attorney General Todd Blanche as the Acting Librarian.

Next Steps

The Supreme Court will defer its decision until it rules on two related cases:

• Trump v. Slaughter: A case involving FTC Commissioner Rebecca Slaughter, addressing similar issues regarding presidential authority.
• Trump v. Cook: This case involves a member of the Federal Reserve’s Board of Governors facing dismissal.

The court is set to hear oral arguments for these cases on December 8 and January 21, respectively. As a result, any action on Trump’s request to remove Perlmutter is unlikely until after these dates.

The ongoing legal debate has significant implications for the limits of presidential authority and the independence of federal agencies. The outcome could set a precedent for future administrative actions involving similar dismissals.