Appeals Court Reinstates US Copyright Office Director Fired by Trump

A three-judge panel from the U.S. Court of Appeals voted 2-1 to reinstate Shira Perlmutter, the U.S. Copyright Office director fired by Trump.

A divided three-judge appeals court panel ruled on Wednesday that President Trump does not have the authority to fire and replace the director of the U.S. Copyright Office. The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit voted 2-1 to temporarily block the Trump administration from firing Shira Perlmutter as the register of copyrights.

In May, Trump removed Perlmutter from her position, which she claims stems from his disapproval of advice she gave Congress in a report related to artificial intelligence. Her office had reported that she received an email from the White House notifying her of her termination “effective immediately.”

Also in May, the Trump-appointed U.S. District Judge Timothy Kelly ruled that Perlmutter “failed to meet her legal burden” to show how removing her from her post would cause irreparable harm.

But Circuit Judges Florence Pan and J. Michelle Childs determined that Perlmutter’s firing was most likely illegal. Pan and Childs, who were both nominated under President Biden’s administration, concluded that Kelly abused his discretion. According to their ruling, Trump’s purported firing of a legislative branch advisor, the Register of Copyrights and Director of the U.S. Copyright Office, would constitute “blatant interference” from the executive branch.

“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 degree from the cases that have come before,” wrote Pan.

“The President’s purported removal of the legislative branch’s chief advisor on copyright matters, based on the advice that she provided to Congress, is akin to the President trying to fire a federal judge’s law clerk.”

Perlmutter’s position falls under the legislative branch of government, and her office is housed within the Library of Congress. The director is chosen by the librarian of Congress, who is also considered a legislative branch employee, but is nominated by the president and is subject to a Senate confirmation.

According to Perlmutter’s attorneys, she is a “renowned copyright expert” who also served as register of copyrights since she was appointed in 2020 by then-Librarian of Congress Carla Hayden. Hayden was replaced by Deputy Attorney General Todd Blanche per Trump, who fired her amid criticism that she advanced a “woke” agenda.

The appeals court says Blanche’s appointment was also most likely illegal, because that position is subject to Senate confirmation as well.