"The question here is not whether the Register of Copyrights or the Librarian of Congress has any functions that can be characterized as 'executive' for constitutional purposes; it is whether Congress decided to organize the Library as an 'Executive agency'."
"'another case of improper judicial interference with the President's power to remove executive officers' and that its 'analysis contravenes settled precedent and misconceives the Librarian's and Register's legal status.' The powers of the Librarian and Register have been classified as executive by the Supreme Court, said the administration's brief, 'such as the power to issue rules implementing a federal statute, to issue orders in administrative adjudications, and even to conduct foreign relations relating to copyright issues.'"
"an inexcusable mess of Congress's plans for the governance of its Library."
An application to the Supreme Court sought a stay of a D.C. Circuit interlocutory injunction that allowed the Register of Copyrights to return to her post pending a lawsuit alleging illegal removal. The application argued the injunction improperly interfered with the President's removal power and described the Librarian's and Register's functions as executive, including rulemaking, issuing orders in administrative adjudications, and conducting foreign relations on copyright. Opposition called the administration's actions "an inexcusable mess of Congress's plans for the governance of its Library" and focused on whether Congress arranged the Library as an Executive agency for FVRA and related statutory purposes.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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