Levin Center Home

Twitter Facebook Youtube Instagram

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 Deputy Attorney General Todd Blanche as Acting Librarian and firing Shira Perlmutter, the Register of Copyrights.

Case Status: Awaiting further 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 successfully appealed this ruling to the D.C. Circuit Court, which issued an injunction on September 10, 2025. Perlmutter filed a Motion for Summary Judgment in the 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, 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. 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. Blanche filed his Opposition on August 12, 2025, Perlmutter filed her Reply three days later, and the court denied the Motion for Injunction Pending Appeal on August 20. Perlmutter successfully appealed this ruling (see below) and filed a Motion for Summary Judgment on September 8, 2025. In response, Blanche filed his Opposition and Cross Motion for Summary Judgment on September 22, 2025.

On August 5, 2025, Perlmutter filed an Emergency Motion for an Injunction Pending Appeal to retain her position during the proceedings. Blanche filed his Opposition on August 8, 2025, and Perlmutter filed her Reply on August 19, 2025. On September 10, 2025, a three-judge panel issued a 2-1 decision in Perlmutter’s favor, concluding that “the district court abused its discretion by failing to consider ‘unusual actions relating to the discharge itself’ and a ‘genuinely extraordinary situation’—factors that inform the irreparable-harm analysis and distinguish this case from other removal cases.”  Blanche filed a Petition for Rehearing on September 17, 2025, which was denied on October 1, 2025.

On October 27, 2025, Blanche filed an Application to Stay the Interlocutory Injunction, and Perlmutter filed a Response in Opposition to Application for a Stay on November 10. The Supreme Court deferred consideration of the case until after it decides two separate cases.