FEF v. PCAOB: En Banc Review Denied, On to the Supreme Court

The DC Circuit decided, by a 5-4 vote, not to hear the PCAOB case en banc (we have produced the order below).  Judge Kavanaugh, who dissented in the panel opinion got support for en banc review from Chief Judge Sentelle, and Judges Ginsburg and Griffith, one shy short of the number needed.  The case now will no doubt be off to the Supreme Court.  We await Plaintiffs' petitions for certiorari.

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 07-5127 September Term 2008
06cv00217
Filed On: November 17, 2008

Free Enterprise Fund and Beckstead and
Watts, LLP,
Appellants

v.

Public Company Accounting Oversight Board,
et al.,
Appellees

BEFORE: Sentelle*, Chief Judge, and Ginsburg*, Henderson, Rogers, Tatel,
Garland, Brown, Griffith*, and Kavanaugh*, Circuit Judges

O R D E R

Appellants’ petition for rehearing en banc and the responses thereto were
circulated to the full court, and a vote was requested. Thereafter, a majority of the
judges eligible to participate did not vote in favor of the petition. Upon consideration of
the foregoing, it is

ORDERED that the petition be denied.

FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Michael C. McGrail
Deputy Clerk

* Chief Judge Sentelle, and Circuit Judges Ginsburg, Griffith, and Kavanaugh would
grant the petition for rehearing en banc.