Is the Librarian of Congress an Executive Official?
The Librarian of Congress joined the ranks of the suddenly unemployed last week. One fair question people might ask is, "Wait, didn't she work for Congress?" If so, how can she be fired by the President without cause?Past scholarship pointed out that the Library of Congress is an unusual institution that is neither legislative or executive. The Library serves members of Congress by, in effect, providing research assistance. But it also houses the Copyright Office, which performs regulatory functions like other administrative agencies. And it's a giant library and museum for the public.Under the test set forth by Seila Law, I doubt that the Librarian wields significant executive power that subjects her to at-will firing by the President. But of course that test may soon get thrown into the trash.
The Librarian of Congress joined the ranks of the suddenly unemployed last week. One fair question people might ask is, "Wait, didn't she work for Congress?" If so, how can she be fired by the President without cause?
Past scholarship pointed out that the Library of Congress is an unusual institution that is neither legislative or executive. The Library serves members of Congress by, in effect, providing research assistance. But it also houses the Copyright Office, which performs regulatory functions like other administrative agencies. And it's a giant library and museum for the public.
Under the test set forth by Seila Law, I doubt that the Librarian wields significant executive power that subjects her to at-will firing by the President. But of course that test may soon get thrown into the trash.
