The Supreme Court on Wednesday barred Donald Trump from firing the director of the U.S. Copyright Office for the time being.
Shira Pulmutter will stay in her job, part of the Library of Congress, while the court rules on two related cases. Trump had made an emergency appeal to the court to get her removed immediately, which has worked in the past for the administration with other officials.
This time, though, Perlmutter’s position has the word “Congress” in it, and she argued in court that this meant she was part of the legislative branch of government and thus couldn’t be fired from the executive branch. Perlmutter’s lawsuit also noted that Trump disagreed with a report she authored, in which she said that tech companies would likely have to pay licensing fees to access copyrighted materials for artificial intelligence models.
“Today, the administration’s unlawful executive overreach was not greenlit by the U.S. Supreme Court,” said Skye Perryman, president and CEO of Democracy Forward, which represented Perlmutter. “We are pleased that the Court deferred the government’s motion to stay our court order in a case that is critically important for rule of law, the separation of powers, and the independence of the Library of Congress.”
The other cases the court is reviewing involve Trump’s removals of Federal Trade Commissioner Rebecca Kelly Slaughter and Federal Reserve Governor Lisa Cook. Slaughter is challenging her firing, saying that Congress requires the president to show cause when firing members of independent agencies, but the court allowed Trump to remove Slaughter until the case is decided next month. Cook was allowed to remain in her position, and her case will be heard by the court in January.
In May, a number of Trump appointees showed up at the Library of Congress with a letter from Trump claiming that they were now in charge, only to be rebuffed by library officials who filed a lawsuit. For now, the president has been rebuffed from his attempt to take control of an independent library. But with the conservative bent of the current Supreme Court, it may only be a speed bump.
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