The Supreme Court gave President Trump a victory in a legal battle initiated by Democrats on his business operations while president.
On Tuesday, the high court without comment refused to grant petitioners in Blumenthal v. Trump a writ of certiorari, or review of the case, that pertains to the Constitution’s emoluments clause. A federal appeals court previously determined that the case, which involves hundreds of Democratic lawmakers accusing Trump of unconstitutionally profiting off his businesses while in office, ought to be thrown out.
In February, a panel of judges on the D.C. Circuit Court of Appeals found the dispute was political in nature and did not belong in a courtroom.
“The Members can, and likely will, continue to use their weighty voices to make their case to the American people, their colleagues in the Congress and the President himself, all of whom are free to engage that argument as they see fit. But we will not—indeed we cannot—participate in this debate. The Constitution permits the Judiciary to speak only in the context of an Article III case or controversy and this lawsuit presents neither,” the court decision reads.
NEW: Supreme Court, without comment, refuses to revive Democrats' suit alleging Trump's business holdings violate Constitution's emoluments clause.
— Greg Stohr (@GregStohr) October 13, 2020
Trump still faces other legal challenges to his business operations while holding the office of the presidency. This summer, the 4th Circuit Court of Appeals revived a similar emoluments lawsuit against Trump by a 9-6 vote, passing the case back to a judge in Maryland who has consistently ruled against the president. It remains possible that discovery related to foreign government stays at the Trump International Hotel in Washington might begin before the 2020 election.
The lawsuit involves Trump’s hotel in Washington, located on Pennsylvania Avenue just blocks away from the White House. Top state lawyers and many Democratic lawmakers have said that Trump is illegally profiting from foreign and state government patrons to the Trump International Hotel.
The Constitution’s foreign emoluments clause states that “no Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” The domestic emoluments clause within the governing document declares that “the President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.”
Author: Anthony Leonardi
Source: Washington Examiner: Supreme Court declines to hear Trump emoluments lawsuit from Democrats