Will Free Enterprise Fund v. PCAOB Go Up?

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.