A decision is expected soon from the D.C. Circuit Court of Appeals in a case against the Public Company Accounting Oversight Board (PCAOB) which alleges, among other things, that the provisions in the Sarbanes-Oxley Act of 2002 creating the PCAOB are unconstitutional. Because the Act does not contain a “severability” clause, which, if a court were to declare a portion of the Act unconstitutional, would only remove the particular unconstitutional provisions, if a portion of the Act is declared unconstitutional, the Act as a whole will cease to have force of law. The plaintiffs in this case argued that the Act violates constitutional separation of powers by impermissibly insulating the PCAOB and its members from presidential control and supervision and that the appointment of PCAOB members by the Securities and Exchange Commission violates the constitution’s appointment clause. The Federal District Court for the District of Columbia heard the case, and on March 21, 2007 summarily ruled in favor of the PCAOB. The D.C. Circuit Court of Appeals has heard oral arguments regarding the plaintiffs’ appeal. (2007 WL 891675 (D.D.C.))