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The D.C. Circuit’s order not only reinstates Shira Perlmutter’s authority for now but also sends a strong message: executive encroachment on the Legislative Branch will not be tolerated.

The D.C. Circuit’s order not only reinstates Shira Perlmutter’s authority for now but also sends a strong message: executive encroachment on the Legislative Branch will not be tolerated.

For the Trump administration, the lesson is clear — to override statutory limits for short-term ideological or corporate gains risks legal defeat, reputational damage and institutional destabilization

Pascal Hetzscholdt
September 11, 2025

The Register vs. The President: How Shira Perlmutter Sparked a Separation of Powers Showdown

by ChatGPT-4o

The D.C. Circuit’s Order: What Has Been Decided

On September 10, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an injunction pending appeal in favor of Shira Perlmutter, the Register of Copyrights and Director of the U.S. Copyright Office1757528846456.

The order enjoins Todd Blanche, Paul Perkins, Sergio Gor, Trent Morse, and the Executive Office of the Presidentfrom interfering with Perlmutter’s service until further order of the court.

The court found that:

Perlmutter had satisfied the stringent requirements for such extraordinary relief under Winter v. NRDC(2008).
The case involves “unusual and extraordinary” features, including potential violations of the separation of powers.
The President likely lacked lawful authority to remove her, since the Register is a Legislative Branch officer removable only by the Librarian of Congress.

Judge Pan (joined by Judge Childs) issued a concurrence underscoring that the Register does not exercise executive power, and thus the President’s intervention was both unlawful and constitutionally suspect. Judge Walker dissented, arguing against intervention.

Surprising, Controversial, and Valuable Statements

Surprising

The alleged attempted physical takeover: DOJ officials reportedly tried to access Copyright Office facilities, prompting Library staff to call Capitol Police. This is virtually unprecedented in modern U.S. history.
The speed of the termination: Perlmutter was dismissed by email the day after releasing the AI Report, suggesting direct retaliation.

Controversial

The Trump administration invoked the Federal Vacancies Reform Act (FVRA) to appoint Todd Blanche as Acting Librarian of Congress — even though the FVRA applies only to Executive Branch agencies, not the Legislative Branch.
The involvement of the American Accountability Foundation (AAF), a partisan opposition group, which reportedly fueled the dismissals of both Carla Hayden and Perlmutter through pressure campaigns".

Valuable

The AI Report itself: Perlmutter concluded that while some AI training uses may qualify as fair use, many others require licensing. This finding has significant implications for tech companies, creators, and future copyright litigation.
The court’s recognition that removal of Legislative Branch officials by the President raises a separation of powers problem could create a new precedent protecting institutional independence.

Predicted Next Steps

Merits Appeal: The D.C. Circuit will proceed to hear the full appeal on whether Perlmutter’s removal was unlawful. Given the preliminary findings, she is likely to prevail.
Potential Supreme Court Review: The administration may petition for certiorari, especially since it raises questions about the limits of presidential removal authority.
Institutional Repercussions: Congress may push to further codify independenceof the Copyright Office to prevent executive encroachment.
Policy Fallout: The AI industry will watch closely; if Perlmutter’s position is upheld, licensing requirements for AI training datasets may gain traction.

How This Outcome Can Be Used by Other Litigants

Precedent for Separation of Powers: Other Legislative Branch officials (e.g., CBO, GAO staff) could invoke this ruling if threatened with executive interference.
Protection of Independent Advice: Experts within government who provide inconvenient reports to the Executive can cite this case as authority that retaliatory removal is unlawful.
Leverage in AI Copyright Litigation: Rights holders may use the Copyright Office’s AI Report — now judicially validated as legitimate Congressional advice — as persuasive authority in ongoing lawsuits against AI developers.

Recommendations for the Trump Administration

If the administration seeks to avoid such legal defeats in the future, it should:

Respect Statutory Appointment Structures
- Recognize that Legislative Branch officers (like the Register) are beyond presidential removal power.
Channel Disagreements Through Lawful Means
- If the White House disagrees with policy reports, it should engage Congress or request judicial review, not remove officials.
Avoid Politicized Interventions
- Curb reliance on groups like the AAF to justify personnel purges"AAF, characterized by "aggress…, which undermines credibility and invites litigation.
Prioritize Institutional Stability Over Retaliation
- Policy disagreements (e.g., over AI copyright) should be addressed via legislation, not executive overreach.
Develop a Clear AI Copyright Strategy
- Instead of retaliating against independent reports, the administration should commission its own expert studies or negotiate licensing frameworks with stakeholders.

Conclusion

The D.C. Circuit’s order not only reinstates Shira Perlmutter’s authority for now but also sends a strong message: executive encroachment on the Legislative Branch will not be tolerated. This case may reshape how courts view independent offices in government, and it gives rights holders and public servants a valuable legal precedent.

For the Trump administration, the lesson is clear — attempting to override statutory limits for short-term ideological or corporate gains risks legal defeat, reputational damage, and institutional destabilization.