Supreme Court of the United States

Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board — Breyer, J., Dissenting

June 28, 2010177 L. Ed. 2d 706

Summary

Justice Breyer, joined by Justices Stevens, Ginsburg, and Sotomayor, dissents from the Court's holding that the Sarbanes‑Oxley statute limiting removal of PCAOB members to cause is unconstitutional. He argues that the statute does not significantly impair the President’s executive power, that Congress may validly impose such removal protections, and that the majority’s new bright‑line rule is both overbroad and impractical. The dissent emphasizes a functional, context‑specific analysis and warns that the majority’s approach threatens efficient government administration.