Shira Perlmutter, former Director of the US Copyright Office, has filed a lawsuit against the Trump administration, challenging her dismissal earlier this month. The lawsuit, filed with the US District Court for the District of Columbia, argues that her termination was unconstitutional as the power to remove her lies solely with Congress.
In her complaint, Perlmutter cites 17 U.S.C. § 701(a) to support her claim that Congress, not the President or any executive office, holds the authority to remove her from her position. In addition, she references 5 U.S.C. § 3345(a) to clarify that the president’s power to appoint temporary officials covers only executive agencies, a category to which the Library of Congress does not belong. Perlmutter’s position, she argues, is under the jurisdiction of the Library of Congress, with interim principal deputy librarian duties currently entrusted to Robert R. Newland as per 2 U.S.C. § 136.
Perlmutter’s legal team aims to secure both declaratory and injunctive relief. Declaratory relief would involve a court declaration that the Federal Vacancies Reform Act does not allow the appointment of a temporary acting librarian of Congress, while stating that Perlmutter remains the head of the Copyright Office. Injunctive relief seeks to prevent Acting Librarian of Congress Todd Blanche from wielding any librarian powers and ensure that Perlmutter’s removal is halted.
The lawsuit also names other defendants, including Paul Perkins, who has been nominated to take over Perlmutter’s role. The firing of the former Librarian of Congress Carla Hayden, appointed by Perlmutter in 2020, also features in the complaint, alleging a broader context of removal based on diversity-related issues involving the White House personnel.
This legal challenge against the administration not only questions the specific removal but also tests the limits of executive authority over such appointments. For the full article, you can access it here.