The former president's government on Monday requested the nation's highest court to permit the removal of the director of the US Copyright Office.
This urgent request follows about six weeks after a national appeals court in Washington ruled that the director, Shira Perlmutter, could not be unilaterally fired.
Nearly one month ago, the entire District of Columbia appeals court refused to review that decision.
This legal matter is the most recent in a series of cases concerning presidential authority to appoint preferred leaders at government agencies.
The High Court has generally allowed such dismissals, even as court challenges proceed.
However, this specific case concerns an office within the national library. Perlmutter serves as the register of copyrights and also counsels the legislature on intellectual property issues.
The government's top lawyer, D John Sauer, argued in the filing that, regardless of ties to the legislative branch, the director “wields executive authority” in overseeing intellectual property rights.
Perlmutter claims she was terminated in May because the ex-leader disapproved with advice she gave to Congress in a report related to artificial intelligence.
She reportedly got an email from the administration notifying her that her position was “terminated effective immediately,” according to her office.
A divided appeals court group ruled that Perlmutter could keep her position while the legal dispute proceeds.
“The Executive's claimed obvious meddling with the work of a congressional officer, as she carries out legally authorized responsibilities to counsel Congress, appears to be a breach of the division of government authority,” stated Judge Florence Pan for the appellate panel.
Justice J Michelle Childs joined the ruling. Both justices were appointed to the appeals court by Democrat President Joe Biden.
In dissent, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “uses executive power in a variety of ways.”
Perlmutter's lawyers have argued that she is a well-known intellectual property specialist. She has served as copyright director since ex- head librarian Carla Hayden selected her to the position in October 2020.
The former president named assistant attorney general Todd Blanche to succeed Hayden at the Library of Congress. The White House had fired Hayden amid complaints from right-leaning groups that she was advancing a “woke” agenda.
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