The Supreme Court has declined to immediately rule on whether President Trump can re-fire Shira Perlmutter, the director of the U.S. Copyright Office, choosing instead to wait for decisions in two major cases involving the removal of independent agency officials. The justices said they would reconsider the matter after issuing rulings in cases tied to former FTC member Rebecca Slaughter and Federal Reserve governor Lisa Cook. Perlmutter was dismissed along with the librarian of Congress after her office released a report questioning whether companies may legally use copyrighted materials to train AI systems. A divided D.C. Circuit Court panel later ruled that her removal was likely unlawful and blocked the firing during ongoing litigation.
In the appeal, Judge Florence Pan argued that the Executive Branch lacks authority to punish a Legislative Branch official for the advice provided to Congress. The Trump administration strongly disagreed, with Solicitor General D. John Sauer calling the panel’s reasoning a “startling about-face,” insisting the Library of Congress and its offices are part of the Executive Branch. Perlmutter’s attorneys countered that the administration has mishandled Congress’s intent regarding governance of the Library, emphasizing that Congress deliberately structured the institution to limit direct presidential control.
Her lawyers warned that allowing the President to disregard congressional restrictions on appointment and removal power would undermine the constitutional balance between the branches. They argued it is in the public interest for the Court to prevent what they called unconstitutional actions. Meanwhile, Judge Justin Walker dissented, arguing past precedent allowed Trump’s firings to proceed during legal challenges. Democracy Forward, representing Perlmutter, said the Court’s decision signals hesitation to support what they describe as unlawful executive overreach.