Administrative Law -- Appointments Clause -- D.C. Circuit Holds that the SEC Chairman Is Not the "Head" OF THE SEC. -- Free Enterprise Fund v. Public Co. Accounting Oversight Board, 537 F.3d 667 (D.C. Cir. 2008), cert, granted, 77 U.S.L.W. 3431 (U.S. May 18, 2009) (No. 08-861).

The article discusses the issues regarding the assertion of the District of Columbia Circuit that the chairman of the Securities and Exchange Commission (SEC) is not the head of the SEC for Appointments Clause purposes in the U.S. It mentions that the Appointments Clause of the Constitution provides the president the exclusive power to appoint officers of the government with the Senate's advice and consent. Included in the discussion is the complaint of Free Enterprise Fund and Beckstead & Watts LLP in the district court and their argument that the SEC could not be vested with appointed power. It is also inferred that the SEC chairman is the most significant and politically visible member of the commission.