US Court of Appeals: TOS may be updated by email, continued use implies consent [pdf]

https://cdn.ca9.uscourts.gov/datastore/memoranda/2026/03/03/25-403.pdf

#HackerNews #USCourtOfAppeals #TOS #Consent #Email #Law #TechNews #LegalUpdates

Perlmutter Tells SCOTUS Trump is Making ‘An Inexcusable Mess’ of Library of Congress Governance – IPWatchdog.com -Patents & Intellectual Property Law

By Eileen McDermott, 7 hours ago

Perlmutter Tells SCOTUS Trump is Making ‘An Inexcusable Mess’ of Library of Congress Governance

“The question here is not whether the Register of Copyrights or the Librarian of Congress has any functions that can be characterized as ‘executive’ for constitutional purposes; it is whether Congress decided to organize the Library as an ‘Executive agency’”.

Two weeks after the Trump administration asked the U.S. Supreme Court to stay an interlocutory injunction issued by the U.S. Court of Appeals for the D.C. Circuit, in September that allowed Register of Copyrights Shira Perlmutter to return to her post pending her lawsuit against President Donald Trump for allegedly illegally removing her from office, Perlmutter has responded.

In her opposition to the application for a stay, filed on Monday, Perlmutter accused the administration of making “an inexcusable mess of Congress’s plans for the governance of its Library.”

Trump’s application argued that the D.C. appellate court’s injunction represents “another case of improper judicial interference with the President’s power to remove executive officers” and that its “analysis contravenes settled precedent and misconceives the Librarian’s and Register’s legal status.” The powers of the Librarian and Register have been classified as executive by the Supreme Court, said the administration’s brief, “such as the power to issue rules implementing a federal statute, to issue orders in administrative adjudications, and even to conduct foreign relations relating to copyright issues.”

But Perlmutter argued in her opposition that “the question here is not whether the Register of Copyrights or the Librarian of Congress has any functions that can be characterized as ‘executive’ for constitutional purposes; it is whether Congress decided to organize the Library as an ‘Executive agency’—not just for purposes of the Federal Vacancies Reform Act of 1998 (“FVRA”), 5 U.S.C. § 3345 et seq., but for all of the purposes for which the same definition of “Executive agency” is used in Title 5, 5 U.S.C. § 105.”

Continue/Read Original Article Here: Perlmutter Tells SCOTUS Trump is Making ‘An Inexcusable Mess’ of Library of Congress Governance – IPWatchdog.com | Patents & Intellectual Property Law Perlmutter Tells SCOTUS Trump is Making ‘An Inexcusable Mess’ of Library of Congress Governance

#inexcusableMess #copyright #dCCircuit #donaldTrump #intellectualProperty #ipwatchdogCom #libraryOfCongress #patents #scotus #shiraPerlmutter #trump #uSCongress #uSCourtOfAppeals

DOJ hedges on Trump's anti-trans views while defending military ban in federal appeals court

https://fed.brid.gy/r/https://www.advocate.com/news/shilling-trump-arguments-military-ban

Court Temporarily Stops Trump-Vance Administration’s Unlawful Attempted Takeover of the Library of Congress – Democracy Forward

Court Temporarily Stops Trump-Vance Administration’s Unlawful Attempted Takeover of the Library of Congress

Press Release September 10, 2025

Washington, DC — In a significant victory for the separation of powers, a federal court today granted an injunction pending appeal, temporarily preventing the Trump-Vance administration from unlawfully removing the Register of Copyrights and Director of the U.S. Copyright Office, Shira Perlmutter, from her position, and from installing Executive Branch officials to run the Library of Congress and the Copyright Office. Democracy Forward is representing Perlmutter in this case. 

The decision by the U.S. Court of Appeals for the District of Columbia pauses, for now, what the court said might constitute a “grave intrusion by the President into the constitutional powers of a coordinate branch of government.” The ruling confirms that the President does not have the legal authority to fire or replace the Register of Copyrights — a position that can be filled only by the Librarian of Congress.

“This is a significant victory for the rule of law, the separation of powers, and the independence of Congress. The President does not have the authority to remove the Register of Copyrights or to install his own officials to run the nation’s library. We are proud to represent Shira Perlmutter in defending the integrity of our democratic institutions, and we will continue this fight as it proceeds,” said Brian Netter, Legal Director at Democracy Forward.

–Democracy Forward

This case challenges the President’s unlawful actions, including attempts to appoint a Justice Department official as Acting Register of Copyrights and to name an Acting Librarian of Congress under the Federal Vacancies Reform Act — an action that is legally invalid because Congress structured the Library of Congress to be part of the Legislative Branch under the Act, not the Executive.

The court’s order ensures that Perlmutter remains the lawful Register of Copyrights, and that any actions taken by improperly appointed officials at the Library of Congress have no legal effect, while the case continues.

The case is Perlmutter v. Blanche. Perlmutter is represented by Democracy Forward’s Brian Netter and Allyson Scher, and Munger, Tolles & Olson LLP.

The court’s decision can be read here [and PDF below], and Democracy Forward’s initial complaint and motion for a preliminary injunction can be read here. 

Continue/Read Original Article Here: Court Temporarily Stops Trump-Vance Administration’s Unlawful Attempted Takeover of the Library of Congress – Democracy Forward

#2025 #America #Books #BrianNetter #CopyrightOffice #DemocracyForward #DistrictOfColumbia #DonaldTrump #History #Libraries #Library #LibraryOfCongress #Opinion #Politics #RegisterOfCopyrights #Resistance #Science #Trump #TrumpAdministration #USCourtOfAppeals #UnitedStates

WHAT DOES AN EXTRAORDINARY LACK OF EYE CONTACT TELL YOU?
Mastodon Post

Schiff Gets Into Fiery Back-and-Forth with Trump Nominee Emil Bove
Sen. Adam Schiff

https://www.youtube.com/watch?v=ANVDhOX9L_U

Keep in mind that Emil Bove, who seems to be extraordinarily memory impaired - which does not even touch on the question of his veracity - is a nominee for a position on a United States court of appeals. His lack of candor, alone, should easily be disqualifying.

Eightysix47

: #adamschiff #bigviciousbill #democrats #dickdurbin #eightysix47 #emilbove #uscircuitcourtofappeals #uscourtofappeals #uspol #uspolitics :

Civil Discourse – Trying To Suppress the Vote, Again – Joyce Vance – Substack

On Tuesday, in Atlanta, a three-judge panel of the Eleventh Circuit Court of Appeals will hear arguments in Fair Fight v.

Source Links: Trying To Suppress the Vote, Again

#Justice #Suppression #Trump #USCourtOfAppeals #Voting #VotingRights

#history #historia #americanhistory #WW2
Friends, going through an old farmhouse estate we’ve come across some relics from the past. What does one do with a partially used mileage ration book from the US Office of Price Administration? (WW2) And its accompanying folder? And also an appellate brief from #uscourtofappeals 10th circuit McMullen ,Edwards & Pate vs Kansas, #oklahoma & gulf #railway co and the #locomotive #union?

1954 #law
Anyone interested in this ancient paper?