Just days after a federal judge denied fired register of copyrights Shira Perlmutter's motion for a preliminary injunction reinstating her, lawyers for Perlmutter are trying a different tack, filing an emergency motion this week that asks the court to allow her to keep her job while she appeals the court's denial.
The move comes after a narrow July 30 order in which federal judge Timothy Kelly held that Perlmutter had failed to show that her firing was causing her "irreparable harm," a key requirement for issuing injunctive relief. But in an August 4 filing, attorneys for Perlmutter argue that the court failed to address the merits of Perlmutter's claim—chiefly, that President Trump lacks the authority to fire her or to appoint his personal attorney and DOJ deputy director, Todd Blanche, as the acting Librarian of Congress.
“On July 30, 2025, this Court denied Plaintiff’s motion for preliminary injunction because it concluded that Plaintiff has not shown irreparable harm,” Perlmutter’s six-page emergency application reads. "But its Memorandum Opinion does not address Plaintiff’s argument on the merits, which leaves no doubt that the President does not have the authority to directly remove Ms. Perlmutter, nor does he have the authority to unilaterally install Todd Blanche as acting Librarian of Congress, who in turn attempted to remove Ms. Perlmutter.”
Perlmutter is seeking the emergency injunction under Federal Rule of Civil Procedure 62(d), which, the filing explains, “envisions situations in which a district court that has denied an injunction still grants an injunction pending appeal,” even in situations where the court denying injunctive relief believes its analysis is correct.
In their motion, lawyers for Perlmutter reiterate several claims that Kelly dismissed in his July 30 opinion, including that she is being “irreparably harmed” by not being able to do her job as the “lawful” Register of Copyrights. The motion also stresses that the administration's efforts to fire her "directly threaten" the Library of Congress and the Copyright Office, including by giving the executive branch "unlawful access to confidential Congressional correspondence and other materials."
Such access would "irreversibly damage the credibility and reliability of the institution as a non-partisan advisor, jeopardize the security of the copyright registration system and the value of the deposited works, place confidential congressional correspondence and work product at risk, and preclude Ms. Perlmutter’s effective return to the institution she is charged with safeguarding," the filing states.
The motion also confirms that the leadership situation at the Library of Congress remains in flux, as “officials and staff at the Library of Congress have not recognized Mr. Blanche as acting Librarian,” and that Perkins “has not returned to the Library of Congress” since he was denied access by staffers on May 12.
“Because Ms. Perlmutter’s unlawful removal is itself a component of the President’s unlawful assault on the institutional independence and integrity of the Library and Copyright Office, it is impossible to assess the irreparable harm and balance of the equities separately from the merits of Ms. Perlmutter’s claims,” Perlmutter argues, adding that the law is unequivocal that the President “does not have the authority to remove Ms. Perlmutter or appoint Mr. Blanche to acting Librarian” and that temporary relief will therefore not “mark a severe intrusion into the President’s authority.”
The motion seeks an order enjoining Blanche from “exercising the powers of acting Librarian of Congress,” and Perkins from taking over as acting Register of Copyrights. Furthermore, it seeks an order stating that Perlmutter cannot be removed from her role “absent a decision by a lawfully appointed Librarian of Congress.”
Kelly has now directed the DOJ to file their opposition to Perlmutter's emergency motion by August 12, with Perlmutter's reply due by August 15, 2025.
The litigation began after Perlmutter was axed via email on Saturday, May 10, just days after the shock firing of Librarian of Congress Carla Hayden. On May 22, Perlmutter sued, asking a federal court to block the Trump administration’s attempt to fire her and to replace her with veteran DOJ attorney Paul Perkins.
Furthermore, after an August 6 status report Kelly set out a schedule for next steps in the litigation.
In an August 8 order, Kelly gave Perlmutter until September 8 to file her motion for summary judgment;. The DOJ is then due to file its "combined opposition" to Perlmutter's motion along with their cross-motion for summary judgment by September 22; Perlmutter's combined reply is then due by October 6; The DOJ's reply is due October 14; and after the filings, a hearing is set for November 4, in Kelly's Washington D.C. courtroom.
It is unclear how long it might take Kelly to rule on the motion for summary judgment, but the wait for a decision could conceivably stretch well into 2026.
Meanwhile, even if Perlmutter is successful on the merits, it may not be enough to save her job—at least not for long. Even if Trump is found to lack the authority to fire the register and to appoint an acting Librarian of Congress, he could end the dispute by appointing a permanen Librarian of Congress, who, after senate confirmation, could legally remove Perlmutter and install a new register of copyrights.
This story has been updated.
