September 10, 2025

In a significant ruling, the D.C. Circuit Court of Appeals has declared that Shira Perlmutter can remain in her role as the Register of Copyrights, thwarting President Donald Trump's attempt to dismiss her. This decision arrived on Wednesday, marked by a split among the three-judge panel, underscoring the unique nature of Perlmutter’s position within the Library of Congress.
The ruling highlighted that unlike some executive branch officials who President Trump has successfully removed from office, Perlmutter’s responsibilities primarily align with legislative support rather than executive power. Judges Florence Pan and J. Michelle Childs, both appointed by former President Joe Biden, emphasized this distinction in their majority opinion. They pointed out, “Because Perlmutter leads an agency housed in the Legislative Branch and her primary role is to advise Congress, her situation differs significantly from the Executive Branch officials whose removals have been repeatedly upheld.”
The backdrop to this court decision includes Trump's contentious move last May to dismiss not only Perlmutter but also Carla Hayden, the Librarian of Congress. While Hayden did not contest her removal judicially, Perlmutter's dismissal sparked legal challenges and political controversy. This action by Trump has stirred bipartisan concern, as it appears to encroach on what is traditionally legislative territory.
Judge Justin Walker, appointed by Trump, provided a lone dissenting voice, arguing that Perlmutter's role bore enough similarities to previously contested dismissals involving executive power. He referenced a prior D.C. Circuit ruling, which suggested that the Library of Congress functions within the executive branch when engaging in copyright regulation. However, the majority opinion countered this view by underscoring Perlmutter’s significant duties directed towards Congress.
This court ruling not only reinstates Perlmutter but also sets a precedent regarding the separation of powers, especially concerning positions that straddle the executive and legislative branches of the U.S. government. The decision is seen as a rebuff to presidential overreach into legislative affairs and underscores the ongoing debates over the limits of executive authority in government staffing and operation.