Supreme Court of the United States

Free Enterprise Fund v. Public Company Accounting Oversight Board — Breyer, J., Dissenting

June 28, 2010561 U.S. 477

Summary

Justice Breyer, joined by Justices Stevens, Ginsburg, and Sotomayor, dissents from the Court's holding that the Sarbanes‑Oxley statute’s ‘for‑cause’ removal provision for PCAOB members is unconstitutional. He argues that the provision does not significantly impede the President’s executive power, that it serves important functional purposes, and that the majority’s bright‑line rule is both overbroad and unnecessary.