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Yo_Mama_Been_Loggin

(108,274 posts)
Tue Oct 13, 2020, 01:26 PM Oct 2020

Supreme Court declines to hear Democrats' emoluments case against Trump

Source: The Hill

The Supreme Court on Tuesday declined to take up a case by 29 Senate Democrats who alleged that President Trump violated the Constitution's Emoluments Clause, which prohibits self-dealing by federal officeholders.

The lawmakers had asked the court to review a February ruling by a three-judge panel of the D.C. Circuit Court of Appeals that the senators lacked the legal right to sue the president.

In their brief, the lawmakers had argued that Trump's continued ownership of companies engaged in business with foreign governments amounted to accepting "unauthorized financial benefits from foreign states" in violation of the constitutional restriction.

The court's denial means that Democrats' petition failed to garner support from at least four justices. It also leaves in place the lower court ruling.

Read more: https://www.msn.com/en-us/news/politics/supreme-court-declines-to-hear-democrats-emoluments-case-against-trump/ar-BB19YPBO?li=BBnbfcL

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Supreme Court declines to hear Democrats' emoluments case against Trump (Original Post) Yo_Mama_Been_Loggin Oct 2020 OP
OK, then *WHO* has the legal standing to bring up this matter? no_hypocrisy Oct 2020 #1
My Guess Is... GB_RN Oct 2020 #8
Of course they did. This is what Senator Sheldon Whitehouse... brush Oct 2020 #2
His explanation was right on. We all know that the fix is in. Srkdqltr Oct 2020 #3
So...no consequences? Baitball Blogger Oct 2020 #4
If the Supreme Court won't defend the Constitution, who will? /nt bucolic_frolic Oct 2020 #5
Win, and pack the court. NT SayItLoud Oct 2020 #6
Win, and EXPAND the Court. maxsolomon Oct 2020 #7
Bingo! BigmanPigman Oct 2020 #14
Has Congress lost its power to hold any president accountable? Lonestarblue Oct 2020 #9
Actually, Congress has just realized how little power they've had all along Xipe Totec Oct 2020 #11
That's actually part of the issue FBaggins Oct 2020 #12
The Supreme Court has become a tool for the GOP. C Moon Oct 2020 #10
This ruling effectively makes graft legal pecosbob Oct 2020 #13

GB_RN

(2,388 posts)
8. My Guess Is...
Tue Oct 13, 2020, 02:52 PM
Oct 2020

According to this article on HuffPost, “federal legislators generally lack standing to sue to enforce the asserted institutional interests of Congress.” Based on the information at hand, I think what they're saying is that only Wild Bill DisBarr (or the Department of Justice in general) has legal standing.

The argument makes no fucking sense to me, but I'm no lawyer, either. Perhaps the House Attorney would have to pursue the case on behalf of the entire House for it to stick? Otherwise, I'm left with my original hypothesis of the DoJ and Bilious Bill Barr.

brush

(53,918 posts)
2. Of course they did. This is what Senator Sheldon Whitehouse...
Tue Oct 13, 2020, 01:31 PM
Oct 2020

just explained in the judicial committee hearing on Barrett's nomination being moved to the Senate floor.

Such corruption. We're loosing our democracy if this keeps up. Moscow Mitch has corrupted the whole federal court system.

Srkdqltr

(6,333 posts)
3. His explanation was right on. We all know that the fix is in.
Tue Oct 13, 2020, 01:33 PM
Oct 2020

He explained it very well. I'm sure the nominee does not care she will be hugely compensated. What a shame.

Lonestarblue

(10,095 posts)
9. Has Congress lost its power to hold any president accountable?
Tue Oct 13, 2020, 05:03 PM
Oct 2020

They can’t enforce subpoenas when pa president simply refuses to cooperate. A president can classify any document, even a grocery list, and make it inaccessible to Congress. People working for the president cannot be forced to testify about illegal activities. Congress cannot prevent a president from accepting foreign payments known as emoluments when they are thinly disguised as payments to his businesses. How is it that the Constitution charges Congress with the duty of holding a president aCcountable but they have no power to do so?

Xipe Totec

(43,890 posts)
11. Actually, Congress has just realized how little power they've had all along
Tue Oct 13, 2020, 07:18 PM
Oct 2020

It took an asshole like Trump to force them to test the limits that, until now, had never been tested because of the sheer human decency of its predecessors.

FBaggins

(26,773 posts)
12. That's actually part of the issue
Tue Oct 13, 2020, 08:12 PM
Oct 2020

What constitutes “Congress” holding a president accountable?

The unanimous ruling (including at least one Clinton appointee) was that a collection of House/Senate members don’t constitute “Congress” just because they are members.

It would have likely been different if a majority of one or both houses had voted to make the legal challenge.

pecosbob

(7,545 posts)
13. This ruling effectively makes graft legal
Tue Oct 13, 2020, 08:22 PM
Oct 2020

The Supreme Court no longer has any credibility. It should be reformed or dissolved by amendment.

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