DC CIRCUIT REINSTATES REGISTER OF COPYRIGHTS PENDING APPEAL
Perlmutter v. Blanche, No. 1:25-cv-01659 (D.C. Cir. Sept. 10, 2025) — Last week in an opinion by Judge PAN, joined by Judge CHILDS, the D.C. Circuit granted SHIRA PERLMUTTER an injunction to remain Register of Copyrights pending her appeal. The lower court had denied preliminary relief on the ground that her removal by the President did not constitute irreparable harm, relying on precedents holding that a president’s interest in removing executive officers generally outweighs the officials’ interest in serving. On appeal, Perlmutter argued that only the Librarian of Congress—not the President—has the statutory authority to remove the Register, and that her removal for advice given to Congress on copyright and generative AI intruded on legislative independence.
The D.C. Circuit agreed, finding that the district court erred by focusing narrowly on executive-branch removal cases without accounting for the “unusual actions relating to the discharge itself” and a “genuinely extraordinary situation,” which implicated separation of powers in a way that ordinary precedents did not. It further held that Perlmutter was likely to succeed on the merits, that the President’s interference with a legislative branch officer caused irreparable harm, and that the equities and public interest supported relief. The majority emphasized that the Register likely does not wield substantial executive power. By contrast, Judge WALKER dissented, invoking Supreme Court rulings favoring deference to presidential removal authority.