In 2020, Librarian of Congress Dr. Carla Hayden appointed Shira Perlmutter as the Register of Copyrights–a position that, by law, can only be filled or removed by the Librarian of Congress.

In May 2025, President Trump attempted to remove Perlmutter from her role and replace her with a Department of Justice official. He also attempted to name Deputy Attorney General Todd Blanche as acting Librarian of Congress under the Federal Vacancies Reform Act (FVRA). 

On May 22, Democracy Forward and our co-counsel, Munger, Tolles & Olson LLP, filed a complaint on behalf of Shira Perlmutter, challenging her unlawful termination. The complaint argues that these attempted replacements are legally invalid because the Library of Congress is part of the Legislative Branch, not the Executive Branch. 

This case challenges the unprecedented power grab by the Trump-Vance administration to take over a nonpartisan congressional institution and seeks to preserve the independence of the Library of Congress and the integrity of the U.S. Copyright Office.

If these terminations are allowed, it would set a dangerous precedent that the President can unilaterally remove Congress-appointed officers and replace them with Executive Branch officials.

Though the initial motions for emergency temporary relief and for a preliminary injunction were denied by the District Court, our emergency motion for injunction was granted by the D.C. Circuit Court pending appeal. We intend to appeal the preliminary injunction decision to the Circuit Court. The granted emergency motion enjoins appellees from interfering with Perlmutter’s service as Register of Copyrights and Director of the U.S. Copyright Office pending further order of the court on this preliminary injunction appeal.

Timeline:

  • May 22, 2025 — We filed the lawsuit on behalf of Shira Perlmutter, challenging her unlawful termination, and a motion for declaratory and injunctive relief seeking a temporary restraining order.
  • May 28, 2025 — The District Court for the District of Columbia denied the motion for a temporary restraining order.
  • June 10, 2025 — Motion for preliminary injunction seeking to block Perlmutter’s termination was filed.
  • June 30, 2025 — The District Court for the District of Columbia denied the motion for a preliminary injunction.
  • August 7, 2025 — Motion for injunction pending appeal was filed in the Circuit Court for the District of Columbia.
  • September 8, 2025 — Motion for summary judgment was filed in the District Court for the District of Columbia.
  • September 10, 2025 — The Circuit Court for the District of Columbia granted the motion for injunction pending appeal, overturning the District Court’s denial of the motion.

The case is Perlmutter v. Blanche

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