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'.
Chief Justice John Roberts let President Donald Trump remove a member of the Federal Trade Commission on Monday, the latest in string of high-profile firings allowed for now at the Supreme Court. Trump moved to fire Rebecca Slaughter in the spring, but lower courts ordered her reinstated after she sued because the law only allows commissioners to be removed for problems like misconduct or neglect of duty.
Board member Robert E. Primus said on LinkedIn that he received an email from the White House Wednesday night terminating the position he has held since he was appointed by Trump in his first term. The vacancy would allow Trump to appoint two additional Republicans to the board before its decision on the Union Pacific- Norfolk Southern merger though the Senate would have to confirm them.
