Rehearing Sought in PCAOB Case:

The Free Enterprise Fund has filed a petition for rehearing en banc in Free Enterprise Fund v. Public Company Accounting Oversight Board, in which a divided panel of the U.S. Court of Appeals for the D.C. Circuit rejected the Fund's Appointments Clause challenge to the PCAOB's composition. In my view, this case is an excellent candidate for en banc rehearing. Judge Kavanaugh wrote a powerful (and, in my view, persuasive) dissent, and the case raises an issue of exceptional importance.