Register of Copyrights Challenges Trump's Authority in Court

Register of Copyrights Challenges Trump's Authority in Court

Introduction

The U.S. District Court for the District of Columbia has denied Shira Perlmutter’s request for a preliminary injunction to block her removal as Register of Copyrights by President Donald Trump. Perlmutter argued that Trump’s removal was “unlawful and ineffective” and caused her irreparable harm.

Procedural Background

• Lawsuit Filed: Perlmutter filed a complaint against Trump on May 22, 2025, challenging her removal from office and the President’s attempt to install Deputy Attorney General Todd Blanche as acting Librarian of Congress. The complaint also named multiple senior officials including Blanche, Paul Perkins, Sergio Gor, Trent Morse, and the Executive Office of the President.
• Temporary Restraining Order (TRO) Request: Perlmutter requested a TRO, which the court denied on May 28, 2025, in a bench ruling, but she was given more time to file a motion for a preliminary injunction.
• Preliminary Injunction Motion: Perlmutter filed her motion on June 10, 2025, arguing that Trump’s removal caused her irreparable harm and violated constitutional separation of powers because “the President has no authority to name a temporary Librarian of Congress, much less a high-ranking DOJ official whose presence offends the separation of powers.”

Factual Background

Perlmutter was fired via email on May 10, 2025, two days after Trump fired Librarian of Congress Carla Hayden by email, citing “quite concerning things” Hayden had done — claims the complaint argues are unsupported and at odds with the Library’s status as a non-lending research library open only to visitors age 16 and older. After the removal, Blanche’s Chief of Staff and Perkins delivered appointment letters in person but Library staff called the U.S. Capitol Police, who escorted them out.

Contentions of the Parties

Perlmutter’s Contentions:

• Unlawful Removal: Trump’s removal was “unlawful and ineffective” because the President lacks authority to name a temporary Librarian of Congress.
• Irreparable Harm: She was deprived of her statutory right to function as Register of Copyrights, with alleged harm to the Library and Copyright Office.

Government’s Contentions:

• Authority: The President can appoint acting officials under the Federal Vacancies Reform Act.
• No Irreparable Harm: She can be reinstated if she wins, so no irreversible damage exists.

Reasoning and Analysis

The court found that Perlmutter’s case did not meet the standard for irreparable harm. The court distinguished Berry v. Reagan, noting the Copyright Office can continue to operate under Perkins and that reinstatement remains possible if she wins on the merits. The court also cited Supreme Court precedent holding that the government faces greater risk from allowing a removed officer to continue exercising executive power than the officer faces from remaining out of office.

Implications

The decision allows the Trump administration to proceed with Perlmutter’s removal. The case could shape future disputes over executive authority to remove agency heads.

Outcome

The court denied Perlmutter’s request for a preliminary injunction, finding no irreparable harm. The case will continue as the parties present a proposed schedule for further arguments.