Technology

Donald Trump Suffers Supreme Court Setback

2025-11-26 13:09
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The order keeps in place lower court decisions that block the removal of Shira Perlmutter, who challenged her dismissal.

Dan GoodingGabe WhisnantBy Dan Gooding and Gabe WhisnantShareNewsweek is a Trust Project member

The Supreme Court on Wednesday declined to immediately allow the Trump administration to fire the director of the U.S. Copyright Office, saying it will wait to rule until after deciding two other high-profile firing cases.

The order keeps in place lower court decisions that block the removal of Shira Perlmutter, who challenged her dismissal. The dispute is among several testing Trump’s authority to replace federal agency leaders as court battles continue.

Justice Clarence Thomas said he would have permitted the firing to proceed, but the court’s majority opted to delay action until the related cases are resolved.

Newsweek reached out to the White House and Perlmutter's attorneys for comment via email on Wednesday afternoon.

Why It Matters

Trump has sought to remove several officials from their positions within the federal government, particularly those in charge of departments or offices, including the Federal Reserve, the FBI, the Centers for Disease Control and Prevention (CDC), and others. Those efforts have seen legal challenges and warnings that the president is overstepping his authority.

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What To Know

Perlmutter's case concerns an office that is within the Library of Congress. She is the register of copyrights and also advises Congress on copyright issues.

Despite the ties to Congress, the register “wields executive power” in regulating copyrights, Solicitor General D. John Sauer told the court.

Perlmutter claims Trump fired her in May because he disapproved of the advice she gave to Congress in a report related to artificial intelligence. Perlmutter had received an email from the White House notifying her that “your position as the Register of Copyrights and Director at the U.S. Copyright Office is terminated effective immediately,” her office said.

A divided appellate panel ruled that Perlmutter could keep her job while the case moves forward.

Perlmutter’s attorneys, including representatives from the legal organization Democracy Forward, said she is a renowned copyright expert. She has served as register of copyrights since then-Librarian of Congress Carla Hayden appointed her to the job in October 2020.

Trump appointed Deputy Attorney General Todd Blanche to replace Hayden at the Library of Congress. The White House fired Hayden amid conservative criticism that she was advancing a “woke” agenda.

Other similar cases before the Supreme Court include the removal of Rebecca Slaughter from the Federal Trade Commission, with arguments set for December. In January, the court will hear the case of Federal Reserve Governor Lisa Cook, who remains in her job despite Trump's attempt to fire her.

What People Are Saying

Democracy Forward President & CEO Skye Perryman, in a statement to Newsweek: “Today, the administration's unlawful executive overreach was not greenlit by the U.S. Supreme Court. We are pleased that the Court deferred the government’s motion to stay our court order in a case that is critically important for rule of law, the separation of powers, and the independence of the Library of Congress."

Judge Florence Pan, Appeals Court Majority appointed by former President Joe Biden, said in October: "The Executive's alleged blatant interference with the work of a Legislative Branch official, as she performs statutorily authorized duties to advise Congress, strikes us as a violation of the separation of powers that is significantly different in kind and in degree from the cases that have come before."

What Happens Next

Rulings are expected in all three cases weeks or months after the court hears arguments.

Update 11/26/25, 1:47 p.m. ET: This article was updated with additional information.

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