United States Supreme Court
Free Enterprise Fund v. Pub. Co. Acctg. Oversight Bd., 08–861
In an action against the Public Company Accounting Oversight Board and its members, seeking, inter alia, a declaratory judgment that the Board was unconstitutional and an injunction preventing the Board from exercising its powers, the D.C. Circuit's affirmance of summary judgment for defendants is affirmed in part where the Board’s appointment was consistent with the Appointments Clause. However, the judgment is reversed in part where 1) the dual for-cause limitations on the removal of Board members contravene the Constitution’s separation of powers; and 2) the unconstitutional tenure provisions were severable from the remainder of the statute.
Appellate Information
- Argued 12/07/2009
- Decided 06/28/2010
- Published 06/28/2010
Judges
Court
- United States Supreme Court