The ex- leader's administration on Monday requested the nation's highest court to allow the removal of the head of the US Copyright Office.
This urgent request follows roughly six weeks after a national appeals court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally fired.
Nearly four weeks prior, the full District of Columbia circuit court declined to review that decision.
This legal matter is the latest in a line of disputes concerning presidential power to appoint preferred heads at federal offices.
The Supreme Court has mostly permitted such actions, even as court challenges proceed.
However, this specific matter concerns an bureau within the national library. Perlmutter acts as the copyright registrar and also advises the legislature on intellectual property matters.
The government's top lawyer, D John Sauer, stated in the legal document that, regardless of ties to the legislative branch, the director “exercises administrative authority” in regulating intellectual property rights.
Perlmutter alleges she was fired in May because the former president disagreed with advice she provided to lawmakers in a report concerning AI.
She reportedly received an email from the administration notifying her that her position was “ended effective at once,” according to her office.
A split appeals court group decided that Perlmutter could keep her position while the legal dispute proceeds.
“The administration's claimed obvious interference with the work of a Legislative Branch officer, as she performs legally authorized duties to counsel Congress, strikes us as a breach of the division of government authority,” wrote Judge Florence Pan for the appeals court.
Judge J Michelle Childs supported the ruling. Both justices were nominated to the appeals court by Democrat leader Joe Biden.
In opposition, Judge Justin Walker, a former president's nominee, argued that Perlmutter “exercises administrative authority in a variety of manners.”
Perlmutter's attorneys have argued that she is a well-known copyright expert. She has acted as copyright director since ex- head librarian Carla Hayden appointed her to the role in October 2020.
The former president appointed assistant attorney general Todd Blanche to succeed Hayden at the Library of Congress. The administration had dismissed Hayden following criticism from conservatives that she was advancing a “progressive” program.
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