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High Court Strikes Part of Sarbanes-Oxley

Roberts says oversight board violated separation of powers

By the Associated Press

Posted Jun 28, 2010 11:05 AM CDT

(AP) – The Supreme Court has struck down part of the anti-fraud Sarbanes-Oxley law enacted in response to Enron and other corporate scandals from the early 2000s. The justices, in a 5-4 vote today, say that Sarbanes-Oxley violates the Constitution's separation of powers mandate. The court says the president must be able to remove members of a board that was created to tighten oversight of internal corporate controls and outside auditors.

Chief Justice John Roberts, writing for the court, said that Sarbanes-Oxley law will remain in effect, with one change. The Public Company Accounting Oversight Board will continue as before, but the Securities and Exchange Commission now will be able to remove board members at will. That change, Roberts said, cures the constitutional problem.

The 50-story glass tower, then-home to Enron Corp.'s headquarters, is framed by a circular walkway in Houston in this Aug. 20, 2003 file photo.
The 50-story glass tower, then-home to Enron Corp.'s headquarters, is framed by a circular walkway in Houston in this Aug. 20, 2003 file photo.   (AP Photo/Pat Sullivan, File)
Enron's corporate logo is seen outside its headquarters May 28, 2002 in Houston, Texas.
Enron's corporate logo is seen outside its headquarters May 28, 2002 in Houston, Texas.   (Getty Images)
A logo glows in front of the new corporate headquarters of the Houston-based energy trading firm Enron November 29, 2001 in Houston, Texas.
A logo glows in front of the new corporate headquarters of the Houston-based energy trading firm Enron November 29, 2001 in Houston, Texas.   (Getty Images)
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COMMENTS
Showing 3 of 5 comments
fancygapva
Jun 28, 2010 3:35 PM CDT
Talk about judicial activism! Our crooked Supreme Court is supposed to rule on what they have got before them, not command a fix of something that should be the job of our crooked congress.
BlueAyez
Jun 28, 2010 3:07 PM CDT
The better to load the board with insiders, my dear....
hybrid
Jun 28, 2010 12:18 PM CDT
Oh my, such activist judges!/sarcasm

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