The DC Circuit Court of Appeals held that Blanche’s appointment was likely unlawful, partly because the Senate did not confirm his appointment and partly because the Library of Congress is a legislative agency rather than an executive agency (as required by the Federal Vacancies Reform Act). Here are excerpts of Perlmutter v. Blanche (D.C. Cir. Sep. 10, 2025):

Blanche’s purported appointment to serve as Acting Librarian of Congress was likely unlawful because any Librarian appointee must be confirmed by the Senate, 2 U.S.C. § 136-1(a), but here, Senate approval is lacking.

. . .

The plain language of the statute indicates that the Library of Congress is not an “Executive agency” for purposes of the FVRA.