Encroachment on Congressional Authority
Perlmutter v. Blanche et al. (Library of Congress)
Major Issue: Whether President Trump, when firing the Librarian of Congress, overstepped his authority by appointing Justice Department official Todd Blanche as Acting Librarian and firing Shira Perlmutter, the Register of Copyrights.
Case Status: Awaiting District Court ruling.
Case Description: On May 8, 2025, Dr. Carla Hayden, who was serving a ten-year term as Librarian of Congress after having been confirmed by the Senate, was informed by the Office of Presidential Personnel that President Trump had fired her. Her deputy, Robert Newlen, assumed the role of Acting Director pursuant to Library of Congress Regulation 1-120 promulgated pursuant to 2 U.S.C. § 136. President Trump also purported to discharge Shira Perlmutter from her post as Register of Copyrights and Director of the U.S. Copyright Office. On May 10, 2025, President Trump declared that Todd Blanche, the current Deputy Attorney General, would simultaneously serve as Acting Librarian instead of Newlan. On May 12, 2025, two other Justice Department officials appeared at the Library of Congress claiming to be the new Deputy Librarian and Register of Copyrights but were refused entry. On May 22, 2025, Perlmutter brought suit against Blanche, President Trump, and others arguing that they lacked authority to remove her.
Procedural Posture: On May 22, 2025, Perlmutter filed a Complaint and Motion for a Temporary Restraining Order to allow her to retain her position as Register of Copyrights. Case No. 1:25-cv-1659 was assigned to D.C. District Judge Timothy J. Kelly. After Blanche filed his Opposition and Perlmutter filed her Reply, the motion was denied. On June 10, 2025, Perlmutter filed a Motion for Preliminary Injunction. Blanche then filed his Opposition, and Perlmutter filed a Reply. After a hearing, the court denied Perlmutter’s Motion for Preliminary Injunction. Perlmutter has sent a Notice of Appeal and an Emergency Motion for Injunction Pending Appeal.
District Court Proceedings
On May 22, 2025, Perlmutter filed a Complaint with a Motion for a Temporary Restraining Order to allow her to retain her position as Register of Copyrights. Case No. 1:25-cv-1659 was assigned to D.C. District Judge Timothy J. Kelly. After Blanche filed his Opposition on May 26, 2025, and Perlmutter filed her Reply on May 27, 2025, the motion was denied on May 28, 2025. On June 10, 2025, Perlmutter filed a Motion for Preliminary Injunction and Blanche filed his Opposition on June 24, 2025, and Perlmutter filed a Reply on July 1, 2025. The court held a hearing on July 23, 2025. Two days later, Blanche filed a Notice of Supplemental Authority, and Perlmutter filed her Response on July 29, 2025. On July 30, 2025, the court denied Perlmutter’s Motion for Preliminary Injunction. On July 31, 2025, Perlmutter filed a Notice of Appeal, and on August 4, 2025, she filed an Emergency Motion for Injunction Pending Appeal.
- 2025-05-22 Perlmutter Complaint (33 pages)
- 2025-05-22 Perlmutter Motion for a Temporary Restraining Order (34 pages)
- 2025-05-26 Blanche Opposition to Motion for a Temporary Restraining Order (33 pages)
- 2025-05-27 Perlmutter Reply in Support of Motion for a Temporary Restraining Order (205 pages)
- 2025-05-29 Perlmutter Motion to Enter into a Briefing Schedule (3 pages)
- 2025-05-30 Blanche Opposition to Motion to Enter into a Briefing Schedule (4 pages)
- 2025-06-04 Joint Status Report (2 pages)
- 2025-06-10 Perlmutter Motion for a Preliminary Injunction (2 pages)
- 2025-06-24 Blanche Opposition to Motion for a Preliminary Injunction (49 pages)
- 2025-06-24 Exhibit A Supporting Opposition (64 pages)
- 2025-07-01 Perlmutter Reply in Support of Motion for Preliminary Injunction (31 pages)
- 2025-07-23 Media Description of Hearing (4 pages)
- 2025-07-25 Blanche Notice of Supplemental Authority (7 pages)
- 2025-07-29 Blanche Unopposed Motion to Stay His Deadline to Respond to Complaint (2 pages)
- 2025-07-29 Perlmutter’s Response to Blanche’s Notice of Supplemental Authority (3 pages)
- 2025-07-30 Order Denying Perlmutter Motion for Preliminary Injunction (1 page)
- 2025-07-30 Memorandum Opinion (15 pages)
- 2025-07-31 Perlmutter Notice of Appeal (2 pages)
- 2025-08-01 Transmission of the Notice of Appeal (27 pages)
- 2025-08-04 Perlmutter Emergency Motion for Injunction Pending Appeal (6 pages)
Appeals Court Proceedings
No proceedings to date.
Supreme Court Proceedings
No proceedings to date.