The ex- president's government on Monday petitioned the US Supreme Court to allow the removal of the director of the American copyright authority.
This urgent appeal follows roughly six weeks after a national appellate court in Washington ruled that the director, Shira Perlmutter, could not be solely fired.
Almost four weeks ago, the full District of Columbia circuit court refused to reconsider that ruling.
This legal matter is the latest in a line of disputes related to presidential authority to place chosen heads at federal offices.
The Supreme Court has mostly permitted such dismissals, even as legal challenges proceed.
However, this specific case concerns an office inside the national library. Perlmutter serves as the copyright registrar and also counsels Congress on copyright matters.
The solicitor general, D John Sauer, stated in the legal document that, regardless of ties to Congress, the register “exercises executive power” in regulating intellectual property rights.
Perlmutter alleges she was terminated in May because the ex-leader disagreed with advice she provided to Congress in a report concerning artificial intelligence.
She reportedly received an email from the administration notifying her that her position was “ended effective immediately,” as stated by her office.
A divided appeals court panel ruled that Perlmutter could keep her job while the case proceeds.
“The Executive's alleged blatant interference with the work of a Legislative Branch officer, as she performs legally approved responsibilities to advise Congress, strikes us as a violation of the division of government authority,” wrote Judge Florence Pan for the appeals court.
Justice J Michelle Childs supported the opinion. Both justices were appointed to the appeals court by Democrat President Joe Biden.
In dissent, Judge Justin Walker, a former president's nominee, argued that Perlmutter “uses administrative power in a variety of manners.”
Perlmutter's attorneys have contended that she is a well-known intellectual property expert. She has acted as register of copyrights since ex- head librarian Carla Hayden selected her to the position in October 2020.
The ex-leader appointed deputy attorney general Todd Blanche to replace Hayden at the national library. The White House had fired Hayden following complaints from right-leaning groups that she was promoting a “woke” program.
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