On Wednesday, the Supreme Court opted to delay a ruling on the Trump administration’s bid to remove Shira Perlmutter, the incumbent head of the U.S. Copyright Office, from her position amidst ongoing legal challenges regarding her dismissal. This decision was contained in a brief, unsigned order, signaling that the justices will hold off any decision until forthcoming rulings on similar cases involving the Federal Trade Commission and the Federal Reserve Board are made.
Justice Clarence Thomas articulated a dissenting view, favoring the administration’s request, though he did not provide further justification for his stance. The situation traces back to May 10, following President Trump’s appointment of Todd Blanche as Acting Librarian of Congress, which succeeded Carla Hayden’s removal. Perlmutter’s firing occurred shortly after the Copyright Office published a report on artificial intelligence that allegedly dissented from Trump’s views.
Although U.S. District Judge Timothy Kelly initially rejected Perlmutter’s plea for temporary reinstatement, the U.S. Court of Appeals for the District of Columbia Circuit overturned this decision. Subsequently, the Trump administration advanced this legal dispute to the Supreme Court on October 27, facilitated by U.S. Solicitor General D. John Sauer’s arguments that the Register of Copyrights’ duties classify it within the executive branch, thus granting the president the authority to dictate her tenure.
Perlmutter, however, countered, urging the Supreme Court to reaffirm the D.C. Circuit’s ruling, arguing that the Library of Congress is categorized legislatively rather than executively—an assertion previously recognized by the D.C. Circuit. This would imply President Trump lacked the authority to appoint Blanche and thus initiate Perlmutter’s dismissal.
The Supreme Court’s inclination to await decisions from related cases, such as Trump v. Slaughter and Trump v. Cook, suggests a December or January timeframe before any developments concerning Perlmutter’s case, aligning with upcoming oral arguments in both proceedings.
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