The ex- leader's administration on Monday requested the nation's highest court to permit the termination of the director of the American copyright authority.
This urgent request comes about a month and a half after a national appeals court in Washington ruled that the director, Shira Perlmutter, could not be solely dismissed.
Nearly four weeks ago, the full District of Columbia circuit court refused to reconsider that decision.
This case is the latest in a series of cases related to executive authority to appoint preferred heads at government agencies.
The Supreme Court has generally permitted such actions, even as court disputes proceed.
However, this particular case involves an office within the Library of Congress. Perlmutter serves as the copyright registrar and also advises Congress on copyright matters.
The solicitor general, D John Sauer, argued in the legal document that, despite ties to the legislative branch, the director “wields executive authority” in regulating copyrights.
Perlmutter claims she was fired in May because the ex-leader disagreed with recommendations she provided to Congress in a report concerning artificial intelligence.
She reportedly received an message from the White House notifying her that her role was “terminated starting at once,” according to her office.
A split appeals court group decided that Perlmutter could retain her job while the legal dispute proceeds.
“The administration's claimed blatant interference with the duties of a Legislative Branch officer, as she carries out legally authorized duties to counsel Congress, appears to be a breach of the separation of powers,” stated Justice Florence Pan for the appellate panel.
Judge J Michelle Childs joined the opinion. Both justices were appointed to the appellate court by Democratic President Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, wrote that Perlmutter “uses executive authority in a variety of ways.”
Perlmutter's attorneys have contended that she is a well-known intellectual property specialist. She has served as copyright director since former librarian of Congress Carla Hayden selected her to the role in October 2020.
The former president named assistant attorney general Todd Blanche to succeed Hayden at the Library of Congress. The White House had fired Hayden following complaints from right-leaning groups that she was advancing a “woke” agenda.
