Dissent Finds Constitutional Violations
Washington, D.C., August 22, 2008— In a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit today rejected a constitutional challenge to the Sarbanes-Oxley Public Company Accounting Oversight Board. The challenge had been brought by the Free Enterprise Fund and Beckstead & Watts, a small Nevada accounting firm that was being investigated by the Board.
The plaintiffs claimed that the Board violated the Appointments Clause of the Constitution, because the Board’s members were selected by the…
