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Government,
Constitutional Law

Oct. 2, 2018

Judge says plaintiffs have standing in emoluments case against Trump

On Friday, U.S. District Judge Emmet G. Sullivan held that Sen. Richard Blumenthal, and some 200 other members of Congress, have standing to pursue their claim against President Donald Trump for violating the foreign emoluments clause of the U.S. Constitution.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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Judge says plaintiffs have standing in emoluments case against Trump
Sen. Richard Blumenthal on Capitol Hill, Sept. 26. (New York Times News Service)

In Blumenthal et al. v. Trump (D.C. Cir., 1:17-cv-01154), Sen. Richard Blumenthal and some 200 members of Congress sued President Donald Trump for violating the foreign emoluments clause of the Constitution (Article I, Section 9, Clause 8). This clause establishes a constitutional "guard rail" in the form of a legal process whereby the president, as well as others subject to its mandate, must notify and secure the consent of Congress before...

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