"Following a split decision on September 10 that temporarily restored Register of Copyrights Shira Perlmutter to her role, the Trump Administration has filed a petition for rehearing with the U.S. Court of Appeals for the D.C. Circuit calling the court's ruling an "extraordinary step". The September 10 decision said that "the district court abused its discretion by failing to consider 'unusual actions relating to the discharge itself' and a 'genuinely extraordinary situation'- factors that inform the irreparable-harm analysis and distinguish this case from other removal cases.""
"Perlmutter filed a complaint against Trump on May 22, calling his attempt to remove her "unlawful and ineffective." Trump first fired Librarian of Congress Carla Hayden on May 9, two days before he fired Perlmutter, and named Deputy Attorney General at the U.S. Department of Justice, Todd Blanche, as acting Librarian of Congress. Perlmutter's complaint charged that the President "has no authority to name a temporary replacement Librarian of Congress, much less name a high-ranking DOJ official whose presence offends the constitutional separation of powers.""
A split D.C. Circuit decision on September 10 temporarily restored Register of Copyrights Shira Perlmutter to her role. The Trump administration filed a petition for rehearing, calling the court's ruling an extraordinary step. The court said the district court abused its discretion by failing to consider unusual actions tied to the discharge and a genuinely extraordinary situation relevant to irreparable-harm analysis. Perlmutter filed a complaint on May 22 alleging the attempted removal was unlawful and ineffective. The complaint challenges the President's authority to appoint a temporary Librarian and asserts a separation-of-powers violation by naming a high-ranking DOJ official as acting Librarian.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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