U.S. Supreme Court,
Government,
Constitutional Law
Apr. 15, 2020
Emoluments clause cases likely to land at Supreme Court
Litigation against President Donald Trump for violating the emoluments clauses of the Constitution is likely to land on the doorstep of the U.S. Supreme Court in the future.
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.
Litigation against President Donald Trump for violating the emoluments clauses of the Constitution is likely to land on the doorstep of the U.S. Supreme Court in the future. Members of Congress, states and private parties have all sued Trump. They have had mixed success with Article III standing and their substantive claims, which stems in a large part from the fact that the clauses provide no explicit guidance on their meaning, scope or enforcement.
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