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Is the PCAOB constitutional?
The government has responded to the somewhat novel notion that the PCAOB is unconstitutional. The charge was levied originally in a suit filed by the think-tank Free Enterprise Fund. A small accounting firm also signed on as a plaintiff. The suit generated little excitement and little press. Few are counting on a big courtroom win. Frankly, if the plaintiffs' view were to prevail, it just might cause yet another round of costly regulatory confusion. For its part, the SEC and Justice Department recently weighed in with a brief that makes the case for constitutionality, arguing among other things that there is no requirement that the president must elect PCAOB officials.
For more on the brief:
- Here's an article from AccountingWEB
Also, seven of eight ex-SEC chairman support PCAOB. Article
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