Former register of copyrights Shira Perlmutter lost her first attempt to convince a federal judge that her dismissal by the White House on May 10 was illegal and that the executive branch overstepped in ordering it. On May 28, U.S. District Judge Timothy Kelly denied Perlmutter’s request for a temporary restraining order, ruling from the bench that Perlmutter hasn’t met her legal burden to show how her removal from the position would cause her to suffer irreparable harm.
Perlmutter filed suit in federal court on May 22, challenging her removal from office and seeking reinstatement to her position at the U.S. Copyright Office. Specifically, Perlmutter sought an emergency temporary restraining order and injunctions that would prevent Todd Blanche, who was named by President Donald Trump to the position of acting librarian of Congress, from exercising his powers and prevent Paul Perkins, who claims to be the new register of copyrights under Blanche, from exercising the powers of acting register of copyrights. Perlmutter also sought to have the court void any actions taken by what she claims are improperly appointed officials, arguing she can only be removed as the register of copyrights by a lawfully appointed librarian of Congress.
Blanche’s appointment to that role, following Trump’s dismissal of former librarian of Congress Carla Hayden earlier this month, remains highly disputed at the Capitol. Under chapter 5 of U.S. Code Title 2, the president is empowered to appoint the Librarian of Congress only “by and with the advice and consent of the Senate,” which has not, to date, been given. Robert Newlen, the former principal deputy librarian under Hayden, succeeded Hayden in the role on an interim basis, and has not relinquished the position to Blanche.
On May 29, Perlmutter’s attorneys filed new documents with the court proposing a schedule for seeking expedited summary judgment and, in the case that the court rejects that option, a preliminary injunction. Perlmutter requested that the first motion for summary judgment be made by June 5, with the government opposition brief to be filed by June 12, and the plaintiff’s reply by June 16.
The underlying issue being contested is whether or not the executive branch ultimately has the power to fire the register of copyrights. Her attorneys argue that her removal violates both constitutional and statutory provisions, with the complaint asserting that Congress vested the librarian of Congress, and not the president, with the power to appoint and remove the register of copyrights under chapter 7 of U.S. Code Title 17. “The President’s attempt to remove Ms. Perlmutter,” the initial filing states, “was unlawful and ineffective.”
A version of this article appeared in the 06/02/2025 issue of Publishers Weekly under the headline:
