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.

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 Democracy Forward’s initial complaint and motion for a preliminary injunction can be read here.

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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.