Supreme Court of the United States

Free Enterprise Fund v. Public Company Accounting Oversight Bd.

June 28, 2010561 U.S. 477

Summary

The Court held that dual for-cause removal protections for Public Company Accounting Oversight Board members violate the Constitution's separation of powers, but severed the removal provisions to allow the Board to continue operating with members removable at will by the SEC. It also rejected Appointments Clause challenges, finding members to be inferior officers appointed by the SEC as a department head.