PCAOB’s Constitutionality

The Sarbanes-Oxley Act of 2002 created the Public Company Accounting Oversight Board to set standards and supervise the public auditing profession.   A pending Supreme Court case will consider whether the result is constitutional under the Appointments Clause and separation of powers principles.   The DC Circuit thought it was good enough, seeing the Board as a subsidiary of the Securities and Exchange Commission. 

Thanks to Donna Nagy, a diverse group of law professors (including me)  join an amicus brief challenging that stance.    We emphasize that we believe that the idea of the Board is appealing but the design Congress chose is flawed.   A copy of the brief is available here.

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1 Response

  1. I agree with you about the design flaw but I have never found the “idea” of the Board at all appealing.