The ex- leader's government on Monday requested the US Supreme Court to allow the termination of the director of the American copyright authority.
This urgent request comes about a month and a half after a federal appeals court in Washington decided that the official, Shira Perlmutter, cannot be solely dismissed.
Almost one month prior, the entire District of Columbia circuit court refused to reconsider that ruling.
This legal matter is the latest in a line of cases related to executive power to place preferred heads at government agencies.
The Supreme Court has mostly permitted such dismissals, even as court disputes proceed.
However, this particular case involves an office within the Library of Congress. Perlmutter acts as the register of copyrights and also counsels Congress on copyright matters.
The government's top lawyer, D John Sauer, stated in the filing that, despite ties to the legislative branch, the register “wields executive power” in overseeing copyrights.
Perlmutter alleges she was terminated in May because the former president disagreed with advice she gave to Congress in a document concerning artificial intelligence.
She allegedly received an email from the White House notifying her that her role was “terminated starting at once,” as stated by her office.
A divided appeals court group ruled that Perlmutter could keep her job while the legal dispute proceeds.
“The Executive's claimed obvious interference with the duties of a congressional officer, as she carries out statutorily approved duties to advise the legislature, appears to be a violation of the separation of powers,” wrote Judge Florence Pan for the appeals court.
Judge J Michelle Childs joined the opinion. Both justices were nominated to the appellate court by Democrat leader Joe Biden.
In opposition, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “uses executive authority in a variety of ways.”
Perlmutter's lawyers have argued that she is a well-known copyright specialist. She has acted as register of copyrights since former librarian of Congress Carla Hayden selected her to the role in October 2020.
The ex-leader appointed deputy attorney general Todd Blanche to succeed Hayden at the Library of Congress. The administration had fired Hayden following criticism from right-leaning groups that she was advancing a “woke” agenda.
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