More on Sec'y of State Clinton and Emoluments

Does the Emoluments Clause bar Senator Clinton's appointment as Secretary of State?  I previously posted on this here; it's since gotten more attention.

Jeffrey Toobin discussed the issue--and the standing reasons why it can't be litigated--on cnn.  (Thanks to my student Michael Eisnach for the tip.)  At Balkinization, Jack Balkin provided historical context and OLC links, and Larry Tribe looked at interpretation questions. 

SDS