Perlmutter v. Blanche
Case Overview
The Register of Copyrights serves under the Librarian of Congress, not the president. The statute that created the Copyright Office places its leadership in the legislative branch's orbit rather than the executive's. When Trump fired Register Shira Perlmutter in May 2025, he was not only challenging Humphrey's Executor's protection of independent agency heads; he was claiming executive removal power over an officer Congress had deliberately placed outside the presidential chain of command. The case raises a question that survives even if the Supreme Court overrules Humphrey's Executor in Trump v. Slaughter: whether the president can reach into a structure Congress designed to sit outside the executive chain of command and remove its leadership when the removing authority Congress named is a legislative-branch officer, not the president.
The Application
Trump removed Register Perlmutter without authorization from the Librarian of Congress, attempting to exercise direct removal over an officer Congress structured to operate within the legislative branch rather than the executive hierarchy.
The Conclusion
The case is active before Judge Timothy J. Kelly in D.C. District Court. Resolution will determine whether the president can remove officers Congress placed in legislative-branch structures, regardless of other removal-power doctrines.
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No Supreme Court data for this case.
Case Analysis
Overview
The Register of Copyrights serves under the Librarian of Congress, not the president. The statute that created the Copyright Office places its leadership in the legislative branch's orbit rather than the executive's. When Trump fired Register Shira Perlmutter in May 2025, he was not only challenging Humphrey's Executor's protection of independent agency heads; he was claiming executive removal power over an officer Congress had deliberately placed outside the presidential chain of command. The case raises a question that survives even if the Supreme Court overrules Humphrey's Executor in Trump v. Slaughter. Whether the president can reach into a structure Congress designed to sit outside the executive chain of command and remove its leadership when the removing authority Congress named is a legislative-branch officer, not the president.
Issue
Whether the president has constitutional authority to remove the Register of Copyrights, an officer Congress placed under the Librarian of Congress (a legislative-branch officer) rather than within the executive chain of command.
Rule
While Humphrey's Executor protects certain independent officers from at-will removal, a distinct structural question arises: whether presidential removal power extends to officers Congress deliberately placed outside the executive branch and made accountable to legislative-branch authority.
Analysis
Trump removed Register Perlmutter without authorization from the Librarian of Congress, attempting to exercise direct removal over an officer Congress structured to operate within the legislative branch rather than the executive hierarchy.
Conclusion
The case is active before Judge Timothy J. Kelly in D.C. District Court. Resolution will determine whether the president can remove officers Congress placed in legislative-branch structures, regardless of other removal-power doctrines.
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