Friday, February 7, 2020

D.C. Circuit Tosses Congressional Members' Foreign Emoluments Suit Against Trump

The D.C. Circuit ruled today that 215 Members of Congress who brought a suit against President Trump for violations of the Foreign Emoluments Clause lacked standing to sue. As a result, the court ordered the case dismissed.

The ruling is a significant victory for President Trump. But it wasn't a ruling on the merits, and other Emoluments Clause cases are still pending against the President in two other circuits.

We last posted on the case here. In short, Members argued that President Trump failed to gain congressional approval and thus violated the Foreign Emoluments Clause for taking money from foreign governments for stays and services at his properties. President Trump moved to dismiss for lack of standing, among other reasons. The district court denied the motion; the D.C. Circuit today reversed.

The ruling was concise. The court simply held that the case was governed by Raines v. Byrd, in which the Supreme Court held that Members of Congress lacked standing to challenge the Line Item Veto Act. Here's how the D.C. Circuit applied Raines:

This case is really no different from Raines. The Members were not singled out--their alleged injury is shared by the 320 members of the Congress who did not join this lawsuit--and their claim is based entirely on the loss of political power. . . .

The Supreme Court's recent summary reading of Raines that "individual members" of the Congress "lack standing to assert the institutional interests of a legislature" in the same way "a single House of a bicameral legislature lacks capacity to assert interests belonging to the legislature as a whole," Virginia House of Delegates v. Bethune-Hill, puts paid to any doubt regarding the Members' lack of standing.

The plaintiffs can appeal to the full D.C. Circuit and to the Supreme Court.

https://lawprofessors.typepad.com/conlaw/2020/02/dc-circuit-tosses-congressional-members-foreign-emoluments-suit-against-trump.html

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