September 13, 2019

The U.S. Court of Appeals for the Second Circuit on Friday revived a lawsuit alleging President Donald Trump is violating the domestic and foreign emoluments clauses of the Constitution, giving the case a second shot in the Southern District of New York.

The panel ruled 2-1 to toss out a district court’s ruling dismissing the lawsuit and sent it back for further proceedings.

. . .

This puts a lawsuit over the president’s profits from his private businesses back in action and offers another chance for the details of Trump’s businesses to be revealed in court.

The lawsuit was filed by Citizens for Responsibility and Ethics in Washington, as well as private groups alleging harm from Trump’s violation of the emoluments clause.

. . .

The opinion also addressed a ruling by the U.S. Court of Appeals for the Fourth Circuit that shut down another emoluments lawsuit against Trump, brought forward by the attorneys general for the state of Maryland and D.C.

In an opinion issued earlier this year, the Fourth Circuit panel suggested that the lawsuit was politically motivated, questioning why the attorneys general “came to the court for relief in the first place.”  Leval wrote that, while “it is certainly possible that these lawsuits are fueled in part by political motivations, we do not understand the significance of that fact.”

“Whether a lawsuit has political motivations is irrelevant” to the standing issues, he added.

The complete article can be viewed here.

Cohen Milstein represents the Citizens for Responsibility and Ethics in Washington (CREW) in this lawsuit.