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Shira Perlmutter v. Todd Blanche

No. 25-5285 Circuit · Active Active
Court
D.C. Cir.
cadc
Filed
Aug 5, 2025
Filed (CL)
Aug 5, 2025
CL Status
active

Case Overview

Shira Perlmutter appealed Judge Kelly's order denying her motion for a preliminary injunction.


The Facts

Shira Perlmutter was appointed Register of Copyrights by the Librarian of Congress in 2020. In April 2025, the Trump administration fired both Librarian of Congress Carla Hayden and Perlmutter -- the latter reportedly after her office released a report questioning whether AI companies training on copyrighted works required licenses. District Judge Colleen Kollar-Kotelly denied Perlmutter's motion for a preliminary injunction reinstating her. She appealed to the D.C. Circuit.

The Application

History

The critical application hinges on whether the President's broad removal power under Article II extends to the Register of Copyrights, an officer appointed by the Librarian of Congress rather than the President himself. The Copyright Act vests appointment authority exclusively in the Librarian and is silent on removal, raising the interpretive question whether that structural choice implies a for-cause limitation or whether the President's executive authority overrides it under Myers. Perlmutter's removal shortly after her office released the critical AI copyright report directly tests this boundary: if removal power is unqualified, the President may reshape the Copyright Office's policy direction through personnel; if the Librarian's appointment authority carries protective force, the President cannot dismiss the Register for policy disagreement alone.

The Conclusion

If the D.C. Circuit holds the President lacks authority to remove the Register or that the Librarian's appointment authority carries for-cause protection, Perlmutter would be reinstated and the AI copyright policy direction would resume under her leadership. If the court holds the President may remove the Register at will, consistent with the current trajectory of removal power doctrine, the firing stands and the administration gains authority over the direction of copyright policy including the AI licensing debate.

Federal Court TMR-7585d7f4 Director of U.S. Copyright Office Firing <br> Appeal of 1:25-cv-01659 Jul 11, 2026
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