DOJ Asks SCOTUS To OK Library Of Congress Official's Firing

The Justice Department has requested that the U.S. Supreme Court intervene in a legal dispute regarding President Trump’s authority to fire a top official at the Library of Congress. In an emergency application for a stay filed on Monday, U.S. Solicitor General D. John Sauer urged the Supreme Court to pause an injunction issued by a three-judge panel of the D.C. Circuit Court of Appeals, which had blocked Trump’s dismissal of Shira Perlmutter, the head of the U.S. Copyright Office since 2020.

Perlmutter was terminated in May, shortly after Trump removed Carla Hayden, an Obama appointee, from her position as Librarian of Congress. Todd Blanche, the Deputy Attorney General, has since assumed the role of acting Librarian. Following her firing, Perlmutter filed a lawsuit against the federal government, asserting that Trump did not have the authority to appoint an acting Librarian and that only the Librarian can appoint or remove officials such as herself.

The lawsuit contends, "In short, the President’s attempt to name Mr. Blanche as acting Librarian of Congress was unlawful and ineffective, and therefore Mr. Blanche cannot remove or replace Ms. Perlmutter."

In his application to the Supreme Court, Sauer characterized the D.C. Circuit Court’s injunction as an instance of judicial overreach that interferes with the President’s constitutional power to remove executive officers. He argued that Perlmutter’s position is that of an inferior officer appointed by the Librarian of Congress, who is a principal executive officer with significant regulatory authority over copyright matters.

Sauer emphasized that the Librarian and the Register of Copyrights exercise powers classified as executive, including the authority to issue rules and conduct foreign relations related to copyright. He stated, "The Librarian and Register are appointed under Article II’s Appointments Clause, not under Article I’s provisions authorizing each House of Congress to choose its own officers."

The Solicitor General urged the Supreme Court to grant a stay, arguing that the case is significant and merits the Court's attention. He asserted that the President had the authority to direct Perlmutter’s removal and that the D.C. Circuit lacked the authority to reinstate her. Sauer concluded that the balance of equities favors the government in this matter.

This case adds to a growing list of legal challenges surrounding the President’s Article II authority to remove certain executive branch officials. Earlier this year, the Supreme Court granted a similar request from the Trump administration to pause a lower court injunction that sought to prevent the President from firing a Democrat member of the Federal Trade Commission. In that case, the Court also asked both parties to address whether established precedent regarding the administrative state should be reconsidered.

As the Supreme Court prepares to review this latest case, it continues to grapple with the balance of power between the executive branch and the judiciary, particularly regarding the President’s authority to manage executive agencies. The outcome could have significant implications for the future of executive power and the structure of federal agencies.