The ex- president's government on Monday petitioned the nation's highest court to permit the removal of the director of the US Copyright Office.
This urgent appeal comes roughly six weeks after a federal appeals court in Washington decided that the official, Shira Perlmutter, could not be unilaterally dismissed.
Almost one month prior, the entire District of Columbia appeals court declined to review that ruling.
This case is the latest in a series of cases concerning presidential authority to appoint chosen heads at federal offices.
The Supreme Court has mostly allowed such dismissals, even as court challenges proceed.
However, this particular matter concerns an bureau inside the Library of Congress. Perlmutter acts as the register of copyrights and also counsels Congress on copyright issues.
The solicitor general, D John Sauer, argued in the legal document that, regardless of ties to Congress, the register “wields executive authority” in overseeing copyrights.
Perlmutter claims she was terminated in May because the ex-leader disagreed with advice she gave to lawmakers in a report related to AI.
She allegedly received an message from the White House notifying her that her position was “ended starting immediately,” according to her staff.
A split appeals court group decided that Perlmutter could keep her job while the case proceeds.
“The Executive's claimed blatant interference with the duties of a Legislative Branch officer, as she performs legally approved duties to counsel Congress, strikes us as a breach of the separation of powers,” stated Justice Florence Pan for the appellate panel.
Justice J Michelle Childs supported the opinion. Both justices were nominated to the appellate court by Democratic President Joe Biden.
In dissent, Judge Justin Walker, a former president's nominee, argued that Perlmutter “exercises administrative authority in a host of ways.”
Perlmutter's lawyers have argued that she is a renowned copyright expert. She has served as register of copyrights since former head librarian Carla Hayden appointed her to the role in October 2020.
The former president named assistant attorney general Todd Blanche to replace Hayden at the national library. The White House had dismissed Hayden amid complaints from conservatives that she was advancing a “progressive” program.
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