Legal Opinion
Free Enterprise Fund v. Public Co. Accounting Oversight Board
Court of Appeals for the D.C. Circuit
Decided August 22, 2008No. 07-5127PublishedCited by 57 opinions
1Opinion of the Court
Opinion for the court by Circuit Judge ROGERS.
Dissenting opinion by Circuit Judge KAVANAUGH.
ROGERS, Circuit Judge:
In this facial challenge, appellants contend that Title I of the Sarbanes-Oxley Act of 2002 (“the Act”), 15 U.S.C. §§ 7211-19, violates the Appointments Clause of the Constitution and separation of powers because it does not permit adequate Presidential control of the Public Company Accounting Oversight Board (“the Board”). Congress, however, made the Board’s exercise of its duties subject to the comprehensive control of the Securities and Exchange Commission (“the Commission”).…
2Cases cited35 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- United States v. SalernoSupreme Court of the United States · 1987
- Hamdi v. RumsfeldSupreme Court of the United States · 2004
- Richards v. United StatesSupreme Court of the United States · 1962
- Spies v. United StatesSupreme Court of the United States · 1943
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3Cited by57 opinions
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- Patrick Collins v. Steven Mnuchin, SecretarCourt of Appeals for the Fifth Circuit · 2019
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