The ex- leader's government on Monday requested the US Supreme Court to permit the removal of the director of the American copyright authority.
This emergency appeal follows about a month and a half after a national appeals court in Washington ruled that the director, Shira Perlmutter, could not be unilaterally fired.
Nearly one month ago, the entire District of Columbia appeals court refused to review that ruling.
This legal matter is the most recent in a line of disputes concerning presidential power to place preferred leaders at federal offices.
The Supreme Court has generally permitted such dismissals, even as legal challenges proceed.
However, this particular case involves an bureau inside the Library of Congress. Perlmutter serves as the register of copyrights and also counsels the legislature on copyright matters.
The solicitor general, D John Sauer, stated in the legal document that, regardless of ties to Congress, the director “exercises administrative power” in regulating copyrights.
Perlmutter alleges she was fired in May because the former president disapproved with advice she provided to lawmakers in a document related to AI.
She allegedly received an email from the administration informing her that her role was “ended starting immediately,” as stated by her office.
A split appellate group ruled that Perlmutter could keep her position while the legal dispute proceeds.
“The Executive's alleged obvious interference with the work of a Legislative Branch officer, as she performs legally approved duties to advise the legislature, appears to be a breach of the separation of powers,” wrote Judge Florence Pan for the appeals court.
Judge J Michelle Childs supported the ruling. Both justices were nominated to the appeals court by Democrat leader Joe Biden.
In dissent, Judge Justin Walker, a former president's nominee, wrote that Perlmutter “exercises executive power in a variety of ways.”
Perlmutter's attorneys have contended that she is a well-known copyright specialist. She has served as copyright director since former librarian of Congress Carla Hayden selected her to the role in October 2020.
The ex-leader named assistant attorney general Todd Blanche to succeed Hayden at the national library. The White House had fired Hayden following criticism from right-leaning groups that she was advancing a “progressive” agenda.
