Free Enterprise Fund v. Public Company Accounting Oversight Board

E722002

Free Enterprise Fund v. Public Company Accounting Oversight Board is a 2010 U.S. Supreme Court case that limited the President’s removal restrictions over members of the Public Company Accounting Oversight Board, refining the constitutional boundaries of separation of powers and executive control over independent agencies.

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Predicate Object
instanceOf United States Supreme Court case
administrative law case
separation of powers case
affectedEntity Public Company Accounting Oversight Board
Securities and Exchange Commission
arguedDate 2009-12-07
citation 130 S. Ct. 3138
177 L. Ed. 2d 706
561 U.S. 477
concurrenceBy Stephen G. Breyer
constitutionalProvisionInvolved Appointments Clause of the United States Constitution
linked to: Appointments Clause

Article II of the United States Constitution
country United States
court Supreme Court of the United States
decisionDate 2010-06-28
dissentingOpinionBy Stephen G. Breyer
docketNumber 08-861
holding Dual for-cause limitations on the removal of PCAOB members are unconstitutional because they unduly restrict the President’s ability to oversee the executive branch
The unconstitutional removal provisions are severable from the remainder of the Sarbanes–Oxley Act provisions creating the PCAOB
impact clarified the status of PCAOB members as inferior officers under the Appointments Clause
narrowed permissible limits on congressional insulation of executive officers from presidential removal
joinedByInDissent John Paul Stevens
Ruth Bader Ginsburg
Sonia Sotomayor
joinedByInMajority Anthony M. Kennedy
Antonin Scalia
Clarence Thomas
Samuel A. Alito, Jr.
linked to: Samuel A. Alito Jr.
jurisdiction federal law
legalIssue Appointments Clause
constitutionality of the Public Company Accounting Oversight Board
removal power of the President
separation of powers
majorityOpinionBy John G. Roberts, Jr.
linked to: John G. Roberts Jr.
petitioner Beckstead and Watts, LLP
Free Enterprise Fund
priorHistory Free Enterprise Fund v. Public Company Accounting Oversight Board, 537 F.3d 667 (D.C. Cir. 2008), affirmed in part and reversed in part
relatedCase Humphrey’s Executor v. United States
Morrison v. Olson
Seila Law LLC v. Consumer Financial Protection Bureau
respondent Public Company Accounting Oversight Board
United States
result PCAOB members became removable by the Securities and Exchange Commission at will
statuteInterpreted Sarbanes–Oxley Act of 2002
subjectMatter federal securities regulation
structure of independent regulatory agencies
term October Term 2009
yearDecided 2010

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Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Humphrey’s Executor v. United States isCitedIn Free Enterprise Fund v. Public Company Accounting Oversight Board
Free Enterprise Fund v. Public Company Accounting Oversight Board priorHistory Free Enterprise Fund v. Public Company Accounting Oversight Board, 537 F.3d 667 (D.C. Cir. 2008), affirmed in part and reversed in part
linked to: Free Enterprise Fund v. Public Company Accounting Oversight Board
Seila Law LLC v. Consumer Financial Protection Bureau relatedCase Free Enterprise Fund v. Public Company Accounting Oversight Board