The ex- president's government on Monday petitioned the US Supreme Court to permit the termination of the head of the US Copyright Office.
This urgent appeal comes roughly six weeks after a federal appeals court in Washington decided that the official, Shira Perlmutter, cannot be solely dismissed.
Almost one month prior, the entire District of Columbia circuit court refused to reconsider that decision.
This case is the latest in a line of disputes concerning presidential power to place chosen heads at government agencies.
The High Court has generally allowed such actions, even as court challenges continue.
However, this particular case concerns an office within the Library of Congress. Perlmutter acts as the register of copyrights and also advises the legislature on intellectual property issues.
The solicitor general, D John Sauer, stated in the filing that, regardless of connections to Congress, the register “exercises executive authority” in overseeing copyrights.
Perlmutter alleges she was fired in May because the former president disapproved with advice she gave to Congress in a document concerning AI.
She reportedly received an message from the administration notifying her that her role was “ended effective immediately,” as stated by her staff.
A divided appeals court panel decided that Perlmutter could keep her position while the case moves forward.
“The administration's alleged obvious meddling with the work of a congressional officer, as she carries out statutorily authorized duties to advise Congress, appears to be a breach of the division of government authority,” wrote Judge Florence Pan for the appellate panel.
Justice J Michelle Childs supported the ruling. Both justices were appointed to the appellate court by Democratic President Joe Biden.
In dissent, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “exercises executive power in a host of ways.”
Perlmutter's lawyers have argued that she is a well-known intellectual property expert. She has acted as copyright director since former librarian of Congress Carla Hayden appointed her to the role in October 2020.
The former president appointed assistant attorney general Todd Blanche to replace Hayden at the Library of Congress. The White House had dismissed Hayden following criticism from conservatives that she was advancing a “progressive” agenda.
