Divided Federal Appeals Court Allows 'Historic' Emoluments Case Against Trump to Proceed

[kpete]

The 2nd US Circuit Court of Appeals voted Monday not to take it up, according to a court filing. That means the case can continue in a lower court.

............

A federal appellate court in New York on Monday said it will not stop litigation claiming that President Donald Trump is in violation of the Emoluments Clause of the U.S. Constitution. The Second Circuit Court of Appeals voted 8-4 not to rehear en banc the court’s ruling from last year, which resurrected the emoluments lawsuit after it had been dismissed by a lower court.

Revealing a stark divide among the jurists, all four of the judges who voted in favor of rehearing the case signed on to one of two dissenting opinions.

Circuit Judge Stephen Menashi, a Trump appointee, penned a dissent that was joined by Circuit Judges Richard Sullivan and Debra Ann Livingston, who were appointed by Trump and George W. Bush, respectively. Menashi argued that the court’s majority ruling was based on the mere assumption that foreign officials were abandoning plaintiffs’ establishments in favor of the president’s businesses, which he concluded was not enough to establish standing.

“[O]ne might think the court would require the plaintiffs to identify some evidence that at least one official has actually chosen a Trump-located restaurant over one of the plaintiffs’ restaurants for an emoluments-based reason,” Menashi wrote. “But the plaintiffs have no such evidence, and the majority opinion does not think it is necessary. Instead, the majority opinion finds the plaintiffs’ theory of injury so clearly compelling as a matter of “economic logic” that the court can dispense with the normal requirement that standing be based on a concrete injury rather than a speculative one.”


https://lawandcrime.com/high-profile/divided-federal-appeals-court-allows-historic-emoluments-case-against-trump-to-proceed/amp/?__twitter_impression=true
https://www.cnn.com/2020/08/17/politics/trump-emoluments/index.html

[SheltieLover]

1. Good!

[dalton99a]

2. Kick

[spanone]

3. ⭐️⭐️⭐️K&R ⭐️⭐️⭐️

[riversedge]

4. Forward!!!

[spicysista]

5. Yay! This is a BFD!