The ex- leader's administration on Monday requested the US Supreme Court to permit the termination of the director of the US Copyright Office.
This emergency appeal follows roughly a month and a half after a national appeals court in Washington decided that the director, Shira Perlmutter, could not be solely fired.
Almost one month ago, the full District of Columbia appeals court declined to review that ruling.
This legal matter is the latest in a series of cases related to presidential authority to appoint chosen leaders at federal offices.
The Supreme Court has mostly allowed such dismissals, even as court disputes continue.
However, this specific matter involves an bureau inside the Library of Congress. Perlmutter acts as the register of copyrights and also advises Congress on intellectual property issues.
The government's top lawyer, D John Sauer, argued in the filing that, despite connections to Congress, the director “wields administrative authority” in overseeing copyrights.
Perlmutter claims she was terminated in May because the former president disagreed with advice she provided to lawmakers in a document concerning AI.
She reportedly got an email from the White House notifying her that her role was “ended starting at once,” according to her office.
A divided appeals court group ruled that Perlmutter could retain her job while the legal dispute proceeds.
“The Executive's claimed obvious meddling with the duties of a Legislative Branch officer, as she carries out statutorily approved duties to advise Congress, strikes us as a violation of the separation of powers,” stated Justice Florence Pan for the appellate panel.
Justice J Michelle Childs supported the ruling. Both judges were nominated to the appeals court by Democratic President Joe Biden.
In dissent, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “uses executive authority in a variety of manners.”
Perlmutter's attorneys have argued that she is a renowned intellectual property specialist. She has acted as copyright director since former librarian of Congress Carla Hayden appointed her to the role in October 2020.
The former president named assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had dismissed Hayden amid complaints from right-leaning groups that she was promoting a “progressive” agenda.
