Appeals court blocks Trump from firing Copyright Office director 

A divided federal appeals court panel reinstated the director of the U.S. Copyright Office Wednesday, as she fights President Trump’s attempt to fire her. 

Shira Perlmutter lost in a lower court but is appealing to the U.S. Court of Appeals for the D.C. Circuit. 

Wednesday’s 2-1 decision rules Perlmutter’s firing was likely unlawful and blocks it until the court resolves the case, though the Trump administration could attempt to seek emergency relief from the Supreme Court. 

“In a system of checked and balanced power, the Executive has no authority to punish a Legislative Branch official for the advice that she provides to Congress,” U.S. Circuit Judge Florence Pan wrote for the majority. 

Perlmutter was terminated in May after she released a report questioning whether companies can legally train artificial intelligence models using copyrighted materials. 

The copyright office director reports to the Librarian of Congress. As Trump sought to terminate Perlmutter, he also fired the librarian and installed Deputy Attorney General Todd Blanche to take the helm. 

Perlmutter’s suit contends Trump had no power to fire her and Blanche was unlawfully appointed, so he had no authority either. The administration rejects those arguments.

In July, a federal district judge declined to reinstate Perlmutter as the challenge proceeds. The judge pointed to an emergency decision by the Supreme Court allowing Trump to fire a member of the National Labor Relations Board as that litigation continues. 

But the appeals panel ruled that Perlmutter’s circumstances were different, labeling her as a legislative branch official rather than a component of the executive. 

“The Executive’s alleged blatant interference with the work of a Legislative Branch official, as she performs statutorily authorized duties to advise Congress, strikes us as a violation of the separation of powers that is significantly different in kind and in degree from the cases that have come before,” Pan wrote. 

Pan was joined by U.S. Circuit Judge J. Michelle Childs, a fellow appointee of former President Biden. U.S. Circuit Judge Justin Walker, a Trump appointee, dissented. 

“Gwynne Wilcox alleged the same thing. So did Cathy Harris. And so did Mary Boyle,” Walker wrote, referencing the firings the Supreme Court has greenlit. 

The Hill has reached out to the White House for comment. 

Democracy Forward, a prolific challenger of Trump administration actions that represents Perlmutter, celebrated the ruling. 

“This is a significant victory for the rule of law, the separation of powers, and the independence of Congress,” Brian Netter, the group’s legal director, said in a statement. “The President does not have the authority to remove the Register of Copyrights or to install his own officials to run the nation’s library. We are proud to represent Shira Perlmutter in defending the integrity of our democratic institutions, and we will continue this fight as it proceeds.”