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.

All labels observed (2)

How this entity was disambiguated

Statements (48)

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 ⓘ

How these facts were elicited

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 ⓘ