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 the 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, and Blanche subsequently filed his Opposition. The court received Perlmutter’s Reply on July 1, 2025, and the proceedings await a decision.

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 the 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, 2024. The court received Perlmutter’s Reply on July 1, 2025.

No proceedings to date.

No proceedings to date.