Overview

• In a 2–1 ruling, Judges Florence Pan and J. Michelle Childs formed the majority and Judge Justin Walker dissented.
• The court issued an injunction restoring Perlmutter to her post and barred named administration officials from interfering with her duties.
• The opinion said Deputy Attorney General Todd Blanche’s installation as acting Librarian of Congress was likely unlawful under vacancy rules limited to executive agencies.
• Perlmutter was targeted in May after the White House removed Librarian Carla Hayden and after Perlmutter’s office delivered a report to Congress on AI training and fair use.
• The administration is expected to seek emergency review by the full D.C. Circuit or the Supreme Court as the separation-of-powers case proceeds.