Updates | The Week of October 23, 2017
Eve Levin // 10/31/17 //
A secondary question lurks in the CREW v. Trump case: Is the Foreign Emoluments Clause a political question for Congress and not the courts? (Shugerblog).
- Analysis of last week’s oral argument is here.
The definition of “emolument” adopted by DOJ in ongoing emoluments clause litigation is confusing, suggests Andy Grewal at Notice and Comment.
Reversing its position at oral argument in CREW v. Trump, the Department of Justice no longer concedes that the Foreign Emoluments Clause applies to the president (Josh Blackman’s Blog).
Jeffrey Rosen, Josh Blackman, and Jed Shugerman examine President Trump’s alleged violation of the Foreign and Domestic Emoluments Clauses (We The People).