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

In an opinion today, Judge Daniels dismissed on standing grounds a suit challenging President Trump’s business dealings under the so-called Foreign and Domestic Emoluments Clauses in the U.S. Constitution  (see our prior coverage here).  Judge Daniels concluded that the alleged “competitive injury” suffered by the “Hospitality Plaintiffs” who compete with President Trump’s hotels was

Citizens for Responsibility and Ethics in Washington (CREW) and other plaintiffs responded Friday to President Trump’s motion to dismiss their case to enforce the Constitution’s Emoluments Clause.  President Trump argued that the clause, which prevents government officers from receiving gifts from foreign countries, was never intended to cover the president’s private business dealings unrelated to his office or service to a foreign power (see our previous coverage of the motion here).

Continue Reading Opposition Brief: Trump’s Emoluments Argument Has “No Support in Two Centuries of History”

In a brief filed Friday, President Trump asked Judge Abrams to dismiss the suit seeking to enjoin his business dealings to the extent they violate the Emoluments Clause (see our post on the original complaint here, and see the current, second amended complaint here).

The brief argues (among other things) that, based on extensive historical evidence, the Emoluments Clause was never intended “to reach benefits arising from a President’s private business pursuits having nothing to do with his office or personal service to a foreign power.”
Continue Reading President Trump Moves to Dismiss Emoluments Clause Case