The U.S. Supreme Court on Wednesday declined to immediately let the Trump administration dismiss the head of the U.S. Copyright Office, saying it will wait to act until it decides two other major cases on the president’s firing power.
The order leaves in place lower court rulings that temporarily block the removal of Shira Perlmutter, who is challenging her dismissal. Her lawsuit is one of several tests of Trump’s authority to replace top federal officials while legal fights over his power to do so play out.
Justice Clarence Thomas said he would have allowed the firing to move forward now, but the majority chose to pause instead, signaling it wants to address the issue in a more comprehensive way when related cases are resolved.
“President Trump exercised his lawful authority as head of the executive branch to remove an officer exercising executive authority,” White House spokesperson Abigail Jackson told Newsweek in a statement. “We look forward to ultimate resolution of this issue by the Supreme Court.”
Why the Decision Matters
Trump has moved to oust a number of officials across the federal government, including leaders or members of institutions such as the Federal Reserve, the FBI, and the Centers for Disease Control and Prevention (CDC). Those efforts have drawn court challenges and warnings from critics who say he is pushing beyond the limits of presidential authority.
Key Background
Perlmutter’s role sits within the Library of Congress. She serves as the register of copyrights, overseeing copyright regulation and advising Congress on copyright law.
Despite the position’s connection to Congress, the register “wields executive power” in regulating copyrights, Solicitor General D. John Sauer told the court, arguing that gives the president removal authority.
Perlmutter says Trump fired her in May because he objected to advice she gave Congress in a report related to artificial intelligence. According to her office, she received an email from the White House stating that “your position as the Register of Copyrights and Director at the U.S. Copyright Office is terminated effective immediately.”
A divided appeals court panel later ruled that Perlmutter could remain in her post while the litigation continues.
Her lawyers, including those from the legal advocacy group Democracy Forward, describe her as a highly respected copyright expert. She has served as register of copyrights since then-Librarian of Congress Carla Hayden appointed her in October 2020.
Trump named Deputy Attorney General Todd Blanche to succeed Hayden at the Library of Congress after the White House removed Hayden amid conservative criticism that she was advancing a “woke” agenda.
Two similar removal cases are already on the Supreme Court’s docket. One involves the attempt to remove Rebecca Slaughter from the Federal Trade Commission, with arguments scheduled for December. In January, the justices will hear the case of Federal Reserve Governor Lisa Cook, who remains in office despite Trump’s effort to fire her.
Reactions
Democracy Forward President & CEO Skye Perryman said in a statement to Newsweek: “Today, the administration’s unlawful executive overreach was not greenlit by the U.S. Supreme Court. We are pleased that the Court deferred the government’s motion to stay our court order in a case that is critically important for rule of law, the separation of powers, and the independence of the Library of Congress.”
Judge Florence Pan, writing for the appeals court majority in October, stated: “The Executive’s alleged blatant interference with the work of a Legislative Branch official, as she performs statutorily authorized duties to advise Congress, strikes us as a violation of the separation of powers that is significantly different in kind and in degree from the cases that have come before.”
What Comes Next
The Supreme Court is expected to issue rulings in all three firing-power cases weeks or months after it hears arguments, decisions that could redefine how far a president may go in removing federal officials across the government.
