Friday morning, the Second Circuit vacated the district court’s dismissal of a suit challenging President Trump’s business dealings under the Foreign and Domestic Emoluments Clauses of the U.S. Constitution. (See our prior coverage here.) In December 2017, Judge Daniels found that Plaintiffs had failed the causation and redressability prongs of the Article III standing inquiry, and lacked prudential standing because they fell outside the “zone of interests” that the Emoluments Clauses were intended to protect.
In a 2-1 decision, the Second Circuit held that Plaintiffs had satisfied the requirements for standing:
Continue Reading Second Circuit Revives Emoluments Case Against President Trump, Creating Circuit Split