JURIST Digital Scholars
Federal appeals court allows Trump emoluments case to proceed
Federal appeals court allows Trump emoluments case to proceed

The US Court of Appeals for the Second Circuit on Friday reinstated a case from the Citizens for Responsibility and Ethics in Washington accusing the president of violating the Constitution’s emoluments clauses.

The case revolves around President Donald Trump allegedly mixing his position as president with his business interests. The accusations against Trump include his encouragement of foreign policymakers to stay at his hotels. The suit was also brought by the owners of high-end restaurants and hotels who say they were fiscally harmed by Trump’s promise to members of their mutual customer base to support them in his governmental decisions in exchange for their business.

Earlier this year, the president won dismissal of an emoluments case in the US Court of Appeals for the Fourth circuit. The suit was brought by the Democratic Attorney General of Maryland and the attorney for the District of Columbia. The Attorney General of Maryland released a statement applauding decision of the Second Circuit.

The appeals court did not decide on the merits of the case Friday, but found the plaintiffs had alleged enough facts for legal standing, allowing the suit to move forward.