DrWebPerlmutter 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’”.
Photo from article…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
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