Thursday, January 8, 2009
The Free Enterprise Fund filed a cert. petition this week seeking Supreme Court review of a D.C. Circuit decision upholding Title I of the Sarbanes-Oxley Act, which established the Public Company Accounting Oversight Board under the authority of the SEC and with members appointed by the SEC and removable only for cause. (Thanks to SCOTUSblog for the petition link.) The Free Enterprise Fund challenged Title I as a violation of the Appointments Clause and separation-of-powers.
If the Court picks this up, it could become a significant case (one way or the other) on Presidential power to supervise the executive branch and on the unitary executive theory.
I previously posted on this here, with a link to the lengthy D.C. Circuit decision and my less lengthy edited version.