« Defining Deference Down | Main | Basics »
June 28, 2010
Free Enterprise Fund v. PCAOB
We sometimes look at Administrative Law as Con Law III - Due Process. But, sometimes other pieces of the Constitution come in to play as well. Today's U.S. Supreme Court decision in Free Enterprise Fund v. PCAOB is an example. From U.S. Law Week - Supreme Court Today (BNA):
Free Enterprise Fund v. Public Company Accounting Oversight Board, No. 08-861. Provisions in the Sarabanes-Oxley Act of 2002 setting out the mechanism for removing a member of the Public Company Accounting Oversight Board violate the Constitution's separation of powers because they unduly restrict the president's constitutional authority over an inferior (as opposed to a principal) executive officer. The removal mechanism in Sarbanes-Oxley calls for removal of a PCAOB member by the Securities and Exchange Commission only for cause, and members of the SEC themselves are removable by the president only for cause; the dual for-cause limits violate the Constitution because they make the board not accountable to the president and the president not responsible for the board. The Sarbanes-Oxley provision governing removal of a PCAOB member is severable from the rest of the act. The PCAOB structure does not violate the Appointments Clause of the Constitution.
How Appealing has links to the opinion and the transcript of oral arguments. EMM
June 28, 2010 in Admin Cases, Recent, Supreme Court | Permalink
TrackBack
TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef0133f1ea2d47970b
Listed below are links to weblogs that reference Free Enterprise Fund v. PCAOB:
