Free Enterprise Fund v. PCAOB

Petition for Writ of Certiorari in Free Enterprise Fund v. PCAOB


The petitioner, a small audit firm, has asked the Supreme Court to declare the PCAOB unconstitutional because Sarbanes-Oxley Act provisions creating the Board violate the separations of powers and Appointments Clause by essentially stripping the President of all powers to appoint or remove Board members. In its petition, the firm argued that the Board is a congressional attempt to create a ``Fifth Branch’’ of the federal government over which the President has less control than over ``Fourth Branch’’ agencies like the SEC, which currently reflect the outermost constitutional limits of congressional restrictions on the executive.

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Reference Info:Federal, U.S. Supreme Court | United States

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