The ex- leader's government on Monday requested the US Supreme Court to permit the removal of the director of the US Copyright Office.
This urgent appeal follows roughly six weeks after a federal appeals court in Washington ruled that the official, Shira Perlmutter, could not be solely dismissed.
Almost four weeks prior, the full District of Columbia appeals court refused to review that decision.
This case is the most recent in a series of disputes related to executive power to appoint preferred leaders at federal agencies.
The Supreme Court has generally allowed such actions, even as legal disputes continue.
However, this specific matter concerns an office inside the national library. Perlmutter acts as the copyright registrar and also counsels the legislature on intellectual property issues.
The government's top lawyer, D John Sauer, argued in the legal document that, despite ties to the legislative branch, the register “wields administrative power” in overseeing copyrights.
Perlmutter claims she was terminated in May because the ex-leader disagreed with recommendations she gave to Congress in a document related to artificial intelligence.
She reportedly got an email from the administration informing her that her position was “ended effective immediately,” according to her staff.
A split appellate panel decided that Perlmutter could keep her job while the legal dispute proceeds.
“The Executive's alleged obvious interference with the work of a congressional official, as she carries out legally approved responsibilities to counsel Congress, strikes us as a violation of the division of government authority,” stated Justice Florence Pan for the appeals court.
Justice J Michelle Childs joined the opinion. Both justices were nominated to the appellate court by Democrat President Joe Biden.
In opposition, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “uses administrative authority in a variety of manners.”
Perlmutter's attorneys have contended that she is a renowned copyright expert. She has acted as register of copyrights since ex- librarian of Congress Carla Hayden appointed her to the role in October 2020.
The former president appointed assistant attorney general Todd Blanche to succeed Hayden at the national library. The White House had dismissed Hayden amid criticism from right-leaning groups that she was promoting a “progressive” agenda.
