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D.C. Circuit Panel Splits 2-1 on Constitutionality of Public Company Accounting Oversight Board:

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.

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