A very interesting Appointments Clause question, discussed in Free Enterprise Fund v. Public Company Accounting Oversight Board. The split is 2-1, with liberal Judith Rogers and conservative Janice Rogers Brown (no known relation) in the majority, and conservative Brett Kavanaugh dissenting.
UPDATE: Here's Hans Bader's criticism of the majority's reasoning. Hans was one of the lawyers for the plaintiffs.
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: