Emoluments and Justiciability
Zachary Clopton offers a new spin on questions of standing and justiciability at the heart of recent emoluments litigation.
Asymmetric Geographical State Standing
The recent DC/Maryland emoluments case reflects a truth known to the Framers: jurisdictions geographically closer to the national capital would have a different relationship with federal power.
How the DOJ Brief in CREW v. Trump Reveals that Donald Trump is Violating the Foreign Emoluments Clause
The most remarkable thing about DOJ’s brief is that its conclusion doesn't follow from its own explanation of the meaning of the term “emolument,” nor, for that matter, from any of DOJ’s analysis. To the contrary, DOJ’s account of the Clause, and of the meaning of the term “emolument,” actually demonstrates that the President is violating the Foreign Emoluments Clause, at least with respect to some of the conduct alleged in the CREW complaint.
States And The Emoluments Clause
In a new lawsuit, Maryland and D.C. allege that the President's violations of the Emoluments Clauses harm their sovereign, quasi-sovereign, and proprietary interests. Those interests get special solicitude in federal court.
Two Thoughts on the Government's Motion to Dismiss in the CREW Emoluments Case
Here’s a brief note on two things that struck me on a quick read of the government’s motion to dismiss in CREW v. Trump, filed yesterday. The first is about Mississippi v. Johnson, which the government cites as limiting the power of courts to grant injunctions against the President. The second is about the government’s more general claim that the only proper relief for an emoluments violation is political rather than judicial.