The former head of the U.S. Copyright Office has filed suit against the Trump administration, arguing her abrupt ouster from the position violated the Constitution’s separation of powers.
Shira Perlmutter was fired by the White House in early May, just days after the administration dismissed the Librarian of Congress, Carla Hayden. Her suit, filed Thursday in federal court in Washington, says only Hayden could legally have terminated her from the post.
“Congress vested the Librarian of Congress—not the President—with the power to appoint, and therefore to remove, the Register of Copyrights,” the lawsuit said. “Accordingly, the President’s attempt to remove Ms. Perlmutter was unlawful and ineffective.”
Hayden had served atop the Library of Congress since the Senate confirmed her appointment in a 74-18 vote in 2016. She chose Perlmutter to run the copyright office in 2020.
Those named in the suit include Todd Blanche, Trump’s pick to replace Hayden at the Library of Congress; Sergio Gor, director of the White House Presidential Personnel Office; and Paul Perkins, who the administration tapped to replace Perlmutter as register of copyrights.
The White House’s attempt to seize control of the Library of Congress has run into opposition from key leaders — including Republicans — in the legislative branch who have questioned Trump’s authority to select an acting successor for Hayden.
The Federal Vacancies Reform Act, which the White House maintains gives Trump the power to fill the post with an acting replacement, applies to executive agencies, and not an arm of the legislative branch, many lawmakers insist.
Perlmutter’s lawsuit builds on that interpretation.
“In short, the President’s attempt to name Mr. Blanche as acting Librarian of Congress was unlawful and ineffective, and therefore Mr. Blanche cannot remove or replace Ms. Perlmutter,” the lawsuit reads.
The White House did not immediately respond to a request for comment from POLITICO.
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