Shira Perlmutter is to be reinstated to her role at the Library of Congress as register of copyrights under the legislative branch, the D.C. U.S. Court of Appeals ruled.
Sept. 10 (UPI) -- A federal appeals court ruled Wednesday that Shira Perlmutter be reinstated to her role under the legislative branch at the Library of Congress as register of copyrights.
The D.C. U.S. Court of Appeals ruling comes after Perlmutter was dismissed by U.S. President Donald Trump just days after Trump had removed Librarian of Congress Carla Hayden in May, only to replace her with U.S. Deputy Attorney General Todd Blanche.
"Because Perlmutter leads an agency that is housed in the Legislative Branch and her primary role is to advise Congress, Perlmutter's situation differs significantly from the Executive Branch officials whose removals have been repeatedly upheld," Judges Florence Pan and J. Michelle Childs, both appointees of President Joe Biden, wrote Wednesday in their decision.
U.S. law dictates that the president appoint a Senate-confirmed Librarian of Congress, who in turn appoints the register of copyrights.
Pan said that removing Perlmutter was, she wrote in the 26-page ruling, a "violation of the separation of powers that is significantly different in kind and in degree from the cases that have come before."
In his dissent, the Trump-appointed Judge Justin Walker sided with the administration and cited Trump's gutting of U.S. labor board members.
"Recently, repeatedly, and unequivocally, the Supreme Court has stayed lower-court injunctions that barred the President from removing officers exercising executive power," he wrote on Wednesday.
U.S. Rep. Joe Morelle, the ranking Democrat on the Committee on House Administration, called Perlmutter's dismissal at the time a "brazen, unprecedented power grab with no legal basis."
The case is likely to be appealed by the White House to a higher court bench.