Is Sarbanes-Oxley Unconstitutional?

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That’s a big Yes, according to Kenneth Starr (yes, that Ken Starr). We’ll leave it to others to discuss the legal reasoning behind Starr’s argument. Something to do with the method by which the members of the all-powerful Public Company Accounting Oversight Board (PCAOB) are appointed. What’s really interesting, as Larry Ribstein points out, is that SOX was written so sloppily that it doesn’t contain a constitutional savings clause—a section of the law that says if one part is struck down, the rest of it can remain in force. In other words, if the PCAOB portion of SOX goes, so goes the whole thing.
A Verdict on Sarbanes-Oxley: Unconstitutional [Walll Street Journal]

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