FREE ENT. FUND v. PUBLIC CO. ACCTG. OVERSIGHT BD.

No. 08-861.

130 S.Ct. 3138 (2010)

561 U.S. 477

FREE ENTERPRISE FUND and Beckstead and Watts, LLP, Petitioners, v. PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD et al.

Supreme Court of United States.

Decided June 28, 2010.


Attorney(s) appearing for the Case

Michael A. Carvin, Washington, DC, for petitioners.

Solicitor General Elena Kagan, Washington, DC, for respondent United States.

Jeffrey A. Lamken, Washington, DC, for respondents Public Company Accounting Oversight Board.

David M. Becker, General Counsel, Mark D. Cahn, Deputy General Counsel, Jacob H. Stillman, Solicitor, John W. Avery, Senior Litigation Counsel, Securities and Exchange Commission, Washington, D.C., Elena Kagan, Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Curtis E. Gannon, Assistant to the Solicitor General, Mark B. Stern, Mark R. Freeman, Attorneys, Department of Justice, Washington, D.C., for respondent.

J. Gordon Seymour, Jacob N. Lesser, Mary I. Peters, Public Company Accounting Oversight Board, Washington, D.C., Jeffrey A. Lamken, Counsel of Record, Robert K. Kry, MoloLamken LLP, Washington, D.C., James R. Doty, Baker Botts LLP, Washington, D.C., for Respondents Public Company Accounting Oversight Board, Bill Gradison, Daniel L. Goelzer, and Charles D. Niemeier.

Kenneth W. Starr, Malibu, CA, Viet D. Dinh, Bancroft Associates PLLC, Washington, DC, Michael A. Carvin, Counsel of Record, Noel J. Francisco, Christian A. Vergonis, Jones Day, Washington, DC, Sam Kazman, Hans Bader, Competitive Enterprise Institute, Washington, DC, for petitioners.


Chief Justice ROBERTS delivered the opinion of the Court.

Our Constitution divided the "powers of the new Federal Government into three defined categories, Legislative, Executive, and Judicial." INS v. Chadha, 462 U.S. 919, 951, 103 S.Ct. 2764, 77 L.Ed.2d 317 (1983). Article II vests "[t]he executive Power ... in a President of the United States of America," who must "take Care that the Laws be faithfully executed." Art. II,...

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