[Headlines from DRJ]
The Hill — Appeals court dismisses Emoluments Clause lawsuit in win for Trump:
The Fourth Circuit Court of Appeals on Wednesday dismissed a lawsuit filed by Maryland and D.C. alleging that President Trump is violating the Emoluments Clause of the Constitution, finding that they did not have the standing to sue the president.
A report on oral argument in the case last March indicated a win for Trump:
A federal appeals court panel was indisputably hostile Tuesday to a lawsuit accusing President Donald Trump of violating the Constitution by profiting from his business dealings with foreign countries seeking to curry favor with his administration.
The uphill battle the suit faces was evident before the arguments even began Tuesday morning when it was revealed that all three 4th Circuit Court of Appeals judges assigned to the case are GOP appointees, including two of the court’s most conservative jurists.
One of those judges suggested that the suit could be a precursor to attempting to drive the president from office through impeachment. And two of the judges came close to accusing the Maryland-based district court judge handling the suit, Clinton-appointee Peter Messitte, of impropriety for trying to engineer the challenge rather than responding to legal issues presented to him by the officials who brought the suit: the attorneys general of Maryland and Washington, D.C.
A NY federal court dismissed another emoluments lawsuit (there are 3 cases), also based on standing. That case is on appeal in the 2nd Circuit. It is curious the courts are using standing but the Emoluments Clause is rarely tested, so it may be difficult to apply.