A federal appeals court has revived a lawsuit that the District of Columbia and the state of Maryland brought against President Donald Trump in which they alleged that he violated the Constitution’s ban on federal officials profiting from dealings with foreign and state governments.
as fatally flawed, contending that the states had no legal right to enforce the so-called emoluments clauses in the Constitution.The new development is the second major setback for Trump in emoluments litigation in recent weeks. Last month, the New York-based Second Circuitthat had been dismissed by a federal District Court judge in Manhattan. That suit was brought by restaurant owners and hospitality industry workers, as well as a watchdog group.
The officials who launched the suit welcomed the news that the appeals court was taking up the case anew. The local governments could find more traction for their position at the en banc session in December. Democratic appointees outnumber Republican appointees on the court’s active bench, 8-6. There is also one judge who was recess-appointed by President Bill Clinton and re-nominated by President George W. Bush.setting the case for rehearing did not provide any rationale for the move, but indicated that a majority of the appeals court’s active judges voted to rehear the case.
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