Bam! The 2nd Circuit won't rehear en banc one of the Emoluments Clause cases against Trump

[soothsayer]

Link to tweet

?s=21


Jennifer Taub
@jentaub
💥 BAM!

Zoe Tillman
@ZoeTillman
Just in: The 2nd Circuit won't rehear en banc one of the Emoluments Clause cases against Trump — a three-judge panel previously revived the case in NY. This tees it up now for Trump/DOJ to file a cert petition with SCOTUS.

Previously: https://buzzfeednews.com/article/zoetillman/donald-trump-hotel-lawsuit-back-emoluments

[Karadeniz]

1. Okay...let's hope SCOTUS does its job...

[CurtEastPoint]

2. Ashamed to ask: please explain what this means and the impact

[DavidDvorkin]

3. You're far from alone

Don't be ashamed.

[Evergreen Emerald]

4. Trump lost...

...He appealed to the 2nd Circuit. 2nd Circuit court has discretion to address the case or not. If they do not hear the case, the ruling against Trump stands. They did not hear the case, which is a loss for Trump.

Trump now must file a petition for the Supreme Court to hear the case. It is called a "petition for a writ of certiorari," (cert. petition). The Supreme Court also has discretion whether to hear the case.


https://www.scotusblog.com/reference/educational-resources/supreme-court-procedure/

This link may help.

[CurtEastPoint]

5. Thank you!

[uponit7771]

6. thx

[fierywoman]

8. Thank you! I'm so grateful to the people here who understand the law and explain it in

non-legalese to us non-lawyers.

[rsdsharp]

9. Trump did lose, but it was because the 2nd Circuit

Reversed the district court which had ruled the plaintiffs had no standing to bring the case. The 2nd Circuit’s discretion was only to decide whether the full court (en banc) should review the decision by the three judge panel.

Trump can now petition the Supreme Court to grant cert. Doing so takes only 4 votes by the justices.

[Wounded Bear]

7. USSC probably won't take on any new cases this year...nt