D.C. Circuit Says Perlmutter Can Resume Register Role Pending Lawsuit Against Trump
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D.C. Circuit Says Perlmutter Can Resume Register Role Pending Lawsuit Against Trump
""The district court abused its discretion by failing to consider 'unusual actions relating to the discharge itself' and a 'genuinely extraordinary situation'- factors that inform the irreparable-harm analysis and distinguish this case from other removal cases." The U.S. Court of Appeals for the District of Columbia Circuit ruled Wednesday that Register of Copyrights Shira Perlmutter can resume office while her lawsuit plays out, following President Donald Trump's decision to remove her from her post. Circuit Judge Walker dissented."
"Perlmutter filed a complaint against Trump on May 22, calling his attempt to remove her "unlawful and ineffective." Trump first fired Librarian of Congress Carla Hayden on May 9, two days before he fired Perlmutter, and named Deputy Attorney General at the U.S. Department of Justice, Todd Blanche, as acting Librarian of Congress. Perlmutter's complaint charged that the President "has no authority to name a temporary replacement Librarian of Congress, much less name a high-ranking DOJ official whose presence offends the constitutional separation of powers.""
"In July, Perlmutter lost her bid to enjoin Trump when the U.S. District Court for the District of Columbia denied her request for a preliminary injunction blocking the removal. Perlmutter's Motion for a Preliminary Injunction was filed June 10 and argued that Trump's removal has caused her irreparable harm "and will continue to do so absent judicial intervention." But the D.C. court dismissed these concerns, explaining first that Perlmutter may still be restored to her position if she wins on the merits. While Perlmutter argued that "the Copyright Office is in the middle of producing a multi-volume report on copyright and artificial intelligence for Congress and other stakeholders and that her ability to 'complete' that report 'will be forfeited during the months-long pendency of this lawsuit," the court said that adoptin"
The D.C. Circuit ruled that Register of Copyrights Shira Perlmutter may resume office while her lawsuit proceeds, with a dissent from Circuit Judge Walker. Perlmutter filed a complaint on May 22, calling her removal by President Trump unlawful and ineffective; Trump removed Librarian Carla Hayden on May 9 and removed Perlmutter shortly thereafter, naming Deputy Attorney General Todd Blanche as acting Librarian. The complaint alleges the President lacks authority to appoint a temporary replacement, especially a high-ranking DOJ official raising separation-of-powers concerns. The D.C. District Court denied a preliminary injunction in July, noting restoration remains possible if Perlmutter prevails on the merits.
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