Raines Check: Legislator Standing and the Separation of Powers

7/10/17  //  In-Depth Analysis

Separation of powers principles strongly support standing in the Foreign Emoluments Clause suit filed by Members of Congress.

G. Michael Parsons

Private Practice

What Alexander Hamilton Really Said

7/6/17  //  Commentary

For good reason, nearly everyone agrees that the Foreign Emoluments Clause applies to the President. And the main contrary argument rests on a misreading of the historical record.

Brianne J. Gorod

Constitutional Accountability Center

Emoluments and Justiciability

6/26/17  //  Commentary

Zachary Clopton offers a new spin on questions of standing and justiciability at the heart of recent emoluments litigation.

Take Care

Members of Congress Have Standing in the Emoluments Suit

6/24/17  //  In-Depth Analysis

Eric Segall explains why the emoluments suit by 196 Members of Congress must be decided on the merits.

Take Care

Presents, Emoluments, and Corruption

6/21/17  //  Commentary

Simon Stern explains why DOJ's interpretation of "emolument" doesn't make sense as a matter of text or purpose.

Take Care

Asymmetric Geographical State Standing

6/20/17  //  Commentary

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.

David Fontana

George Washington University Law School

Congressional Standing Is Not an All-or-Nothing Proposition

6/19/17  //  Commentary

It is perfectly consistent to think the House lacks standing in House v. Price, but that members of Congress have standing to sue for Foreign Emoluments Clause violations.

Brianne J. Gorod

Constitutional Accountability Center

Trump Is Ushering In A Kleptocracy. That's Why He Is Being Sued

6/14/17  //  Commentary

If recent events are any sign, the public will not stand idly by as Trump turns our nation into a banana republic.

Joshua Matz

Publisher

Trump Emoluments Argument Mirrors His “Just a Hope” Comey Defense

6/14/17  //  Commentary

The last week saw important developments with respect to Donald Trump's ongoing confrontation with the Constitution's Foreign Emoluments Clause.

Michael C. Dorf

Cornell Law School

Because President Trump Has Chosen Not To Go to Congress, Members of Congress Must Go to the Courts

6/14/17  //  Commentary

Today, Senator Richard Blumenthal, Representative John Conyers, and 194 other members of Congress have gone to federal court seeking to put an end to the President’s willful violations of the Constitution.

Brianne J. Gorod

Constitutional Accountability Center

Tracking Corruption and Conflicts in the Trump Administration

6/13/17  //  In-Depth Analysis

An updated quarterly report on instances in which there are credible allegations of President Trump, his family, and his close associates exploiting their public power for private gain.

Take Care

How the DOJ Brief in CREW v. Trump Reveals that Donald Trump is Violating the Foreign Emoluments Clause

6/12/17  //  In-Depth Analysis

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.

Marty Lederman

Georgetown Law

States And The Emoluments Clause

6/12/17  //  Commentary

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.

Leah Litman

U.C. Irvine School of Law

Maryland and DC Have Standing to Sue Trump for Emoluments Violations

6/12/17  //  In-Depth Analysis

The constitutional arguments supporting state standing in this landmark Emoluments Clause case are exceptionally powerful.

Laurence H. Tribe

Harvard Law School

Joshua Matz

Publisher

The Two Sides Of Donald Trump, As Reflected in The Government's Motion to Dismiss in the CREW Emoluments Case

6/12/17  //  Quick Reactions

The government's motion to dismiss alternately characterizes CREW's lawsuit as a case involving "official action" and a case involving solely a private "business venture." The different descriptions go to the core of CREW's lawsuit, which is that given the President's business affairs, we don't know when he's acting as President or as a businessman.

Leah Litman

U.C. Irvine School of Law