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Supreme Court Pauses Immediate Removal of Copyright Office Chief Pending Related Firing Cases

Supreme Court Pauses Immediate Removal of Copyright Office Chief Pending Related Firing Cases

The Supreme Court temporarily blocked the immediate removal of Shira Perlmutter as head of the U.S. Copyright Office, leaving lower-court protections intact while related cases proceed. The justices will wait for rulings in two other high-profile removal disputes — the Rebecca Slaughter FTC case in December and the Lisa Cook case in January — before deciding Perlmutter’s fate. Perlmutter says she was dismissed after providing guidance to Congress on artificial intelligence; an appellate panel has allowed her to stay in office during the litigation.

The Supreme Court on Wednesday declined to immediately allow the Trump administration to remove Shira Perlmutter, the head of the U.S. Copyright Office, preserving lower-court rulings that have blocked her ouster while related cases proceed.

What the court did

By stepping back for now, the justices left in place rulings from lower courts that found Perlmutter could not be summarily dismissed. The high court said it will wait to decide her case after resolving two other pending disputes over presidential authority to remove federal officials.

Related cases and schedule

The court said it will hear arguments in two related cases that could shape the outcome: the challenge stemming from the removal of Rebecca Slaughter from the Federal Trade Commission, set for December, and the case involving Federal Reserve Governor Lisa Cook, scheduled for January. Decisions in those matters are expected weeks or months after oral arguments.

Why Perlmutter is suing

Perlmutter, the Register of Copyrights who advises Congress on copyright policy, says she was dismissed in May after the White House objected to guidance she provided to lawmakers in a report on artificial intelligence. Her office said she received an email stating, “your position as the Register of Copyrights and Director at the U.S. Copyright Office is terminated effective immediately.”

Arguments and the stakes

During filings, Solicitor General D. John Sauer argued that although the Copyright Office is housed within the Library of Congress, the register exercises executive authority in regulating copyrights. A divided appellate panel allowed Perlmutter to remain in office while litigation continues.

Background on Perlmutter

Perlmutter, a leading expert in copyright law, was appointed register of copyrights in October 2020 by then-Librarian of Congress Carla Hayden. Her lawyers have emphasized her expertise and the potential disruption that a sudden removal could cause while the legal dispute is resolved.

What comes next: The Supreme Court will await rulings in the Slaughter and Cook cases before issuing a final decision in Perlmutter’s case, leaving the copyright chief in place for the near term.

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