Morris Tyler Moot Court Finals May 4
The Honorable Steven M. Colloton (8th Circuit Court of Appeals), the Honorable Raymond W. Gruender (8th Circuit Court of Appeals), and the Honorable Ann C. Williams (7th Circuit Court of Appeals) will hear the case, Free Enterprise Fund v. Public Company Accounting Oversight Board.
The case addresses:
1) Whether the Sarbanes-Oxley Act of 2002’s provisions for the appointment of members of the Public Company Accounting Oversight Board (PCAOB) violate the Constitution’s Appointments Clause.
2) Whether the Act violates the Constitution’s separation of powers by vesting members of the PCAOB with far-reaching executive power while denying the President the power to remove those members.
“PCAOB is an interesting case that tests and challenges some of the basic premises of the unitary executive theory,” said competition co-chair Joshua Johnson ’09. “As Judge Kavanaugh said in his dissent in the court below, ‘This…is the most important separation-of-powers case regarding the President’s appointment and removal powers to reach the courts in the last 20 years.’ When you combine the case with our dynamic set of competitors and panelists, we’re sure to have an exciting final round.”
Robert Heberle ’10 and Joseph Pace ’10 will argue for the petitioner, Free Enterprise Fund. Rory Gillis ’10 and Jill Habig ’09 will represent the respondent, Public Company Accounting Oversight Board. The competitors’ briefs will be posted on the moot court website approximately one week before the competition.