Last Monday, the U.S. Court of Appeals for the D.C. Circuit denied the Free Enterprise Fund's petition for rehearing en banc in Free Enterprise Fund v. PCAOB, a challenge to the constitutionality of the Public Company Accounting Oversight Board created by the Sarbanes-Oxley Act, by a vote of 5-4. Chief Judge Sentelle and Judges Griffith, Kavanaugh, and Ginsburg voted for rehearing. Judges Henderson, Rogers, Tatel, Garland, and Brown voted against. A copy of the order is here. The Fund's attorneys at Jones Day and the Competitive Enterprise Institute promise a petition for certiorari is forthcoming.
Related Posts (on one page):
- The new Sarbanes-Oxley case:
- Early Commentary on Free Enterprise Fund v. PCAOB:
- Breaking: Sarbanes-Oxley to the Supremes:
- Will Free Enterprise Fund v. PCAOB Go Up?
- Rehearing Sought in PCAOB Case:
- Free Enterprise Fund v. PCAOB -- Humphrey's Executor Squared:
- D.C. Circuit Panel Splits 2-1 on Constitutionality of Public Company Accounting Oversight Board:
- More on The Interesting Appointments Clause Issue:
- Interesting Appointments Clause Issue: