Trump seeks Supreme Court approval to dismiss Copyright Office chief
The Trump administration has taken a bold step by petitioning the Supreme Court to grant the power to remove the director of the U.S. Copyright Office.
As reported by AP News, the administration filed an emergency appeal on Monday, challenging a federal appeals court ruling that prevents the unilateral firing of Shira Perlmutter, the current Register of Copyrights. This legal battle underscores a tension between executive authority and congressional oversight.
The dispute began when Perlmutter received an email from the White House in May, stating, “your position as the Register of Copyrights and Director at the U.S. Copyright Office is terminated effective immediately,” according to her office. While she claims the dismissal stemmed from her advice to Congress on artificial intelligence, the administration argues her role involves executive functions that should fall under presidential control.
Challenging the Separation of Powers
A divided appellate panel in Washington ruled Perlmutter could retain her position during ongoing litigation. Judge Florence Pan wrote that such executive interference “strikes us as a violation of the separation of powers,” highlighting the unique nature of this case given the Copyright Office’s ties to the Library of Congress.
Yet, the administration, through Solicitor General D. John Sauer, counters that the register “wields executive power” in regulating copyrights, justifying presidential oversight. This argument isn’t just legal jargon; it’s a direct challenge to the idea that certain roles should be insulated from accountability to the elected executive.
Contrastingly, Judge Justin Walker, in dissent, pointed out that Perlmutter “exercises executive power in a host of ways,” aligning with the administration’s view. If the judiciary keeps shielding officials under the guise of legislative ties, what stops every agency head from claiming untouchable status?
Roots of the Conflict with Perlmutter
This case isn’t an isolated spat; it ties into Trump’s broader efforts to install loyalists at the helm of federal bodies. Perlmutter, appointed in 2020 by then-Librarian of Congress Carla Hayden, has been lauded by her attorneys as a renowned copyright expert.
Her firing attempt followed reported friction over her congressional advice, particularly on tech-driven issues like AI. While expertise matters, should it grant immunity from executive decisions, especially when policy directions clash?
The Supreme Court has often sided with Trump on firing authority in other agency disputes. This history suggests a potential tilt, though the unique legislative link of the Copyright Office adds a wrinkle worth watching.
Broader Moves at the Library of Congress
Adding fuel to the fire, Trump appointed Deputy Attorney General Todd Blanche to replace Hayden at the Library of Congress. Hayden’s dismissal came amid conservative criticism of her leadership as pushing a progressive agenda, which many saw as out of step with traditional values.
While some may cry foul over ideological purges, there’s a valid question of whether unelected officials should steer cultural institutions in directions misaligned with the electorate’s choice. The Library isn’t a personal fiefdom; it serves the public, not a singular vision.
Perlmutter’s case, though, isn’t just about ideology. It’s a test of where executive reach ends and legislative prerogative begins, a balance that’s been shaky for far too long.
Why This Matters for Accountability
As this legal showdown heads to the Supreme Court, the stakes extend beyond one official’s job. If the administration can’t direct key roles, even those nested in legislative structures, the chain of accountability frays.
Conversely, unchecked executive power risks turning independent expertise into a casualty of political whims. Yet, when push comes to shove, shouldn’t the people’s elected leader have a say over who shapes policy, especially in areas as impactful as copyright in a digital age?
This ruling, whenever it lands, will set a precedent for how much leash the president gets in reining in federal machinery. For those wary of bureaucratic overreach, it’s a moment to watch, because power left unchecked anywhere tends to grow roots everywhere.





