Appeals court rules Democrats lack legal standing to sue Trump over alleged emoluments violations

[babylonsister]

JFC.

https://www.nbcnews.com/politics/donald-trump/federal-appeals-court-dismisses-trump-emoluments-case-n1132441?fbclid=IwAR1Nkw6LDTvdtItc4R3pJL3u_h8fQapQWQ-wH07yYzrstCy-BbabYlfXB1c

Appeals court rules Democrats lack legal standing to sue Trump over alleged emoluments violations
The suit, which was dismissed on technical grounds, argued the president has violated the Constitution with his businesses, including a hotel popular with foreign officials.
Appeals court: Members of Congress lack legal standing for Trump emoluments suit
Feb. 7, 202001:47
Feb. 7, 2020, 10:51 AM EST
By Dareh Gregorian


A federal appeals court on Friday dismissed Democratic lawmakers' lawsuit against President Donald Trump alleging he has violated the emoluments clause of the U.S. Constitution on technical grounds.

In the ruling, the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia found the members of Congress did not have legal standing to bring the lawsuit against the president for violating the clause, which bars federal officials from collecting payments from foreign governments without the approval of Congress.

In their unsigned ruling, the judges cited Supreme Court precedent, noting the 215 lawmakers on the lawsuit are not the majority of Congress, and that they might have had standing if they had filed the suit as a majority. "[O]nly an institution can assert an institutional injury," the ruling says.

"Here, regardless of rigor, our conclusion is straightforward because the members — 29 senators and 186 members of the House of Representatives — do not constitute a majority of either body and are, therefore, powerless to approve or deny the president’s acceptance of foreign emoluments," the decision says.

Democratic senators and House members argued the president frequently violates the rule with his businesses, including a Washington, D.C., hotel that's popular with foreign government officials.

The constitutional clause at issue in the case reads, "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."

Trump told reporters on the White House lawn that the suit was "another phony case."

"It was a total win," he said.

[Efilroft Sul]

1. Keep the House, win the Senate, sue him again.

What a crap ruling.

[rockfordfile]

4. What are you talking about? Yes we keep the House and win the Senate and win the Presidency

[Efilroft Sul]

6. That, too. And sue him again.

[EndlessWire]

14. I agree. n/t

[Mme. Defarge]

2. I have spent my morning

talking myself down after reading this.

[babylonsister]

3. I'm so damned disgusted. nt

[D_Master81]

5. Did they say...??

The remedy is impeachment?

[brooklynite]

7. The article doesn't precisely explain the ruling...

The Court ruled (unanimously) that House and Senate members AS INDIVIDUALS did not have standing to sue; the House AS AN INSTITUTION could.

[NewJeffCT]

8. The lead judge is a liberal Clinton appointee

who ruled only on standing, not on the merits

[ThoughtCriminal]

9. So it takes a majority of Congress to enforce the Constitution?

Makes. No. Sense.

Everyone, anyone, should have standing.

This case should be a slam dunk. Idiots. I don't care who appointed them.

[onenote]

10. Did you feel that way when the birther suits were being dismissed for lack of standing?

Probably not.

The reasoning in this case is pretty much the same as in the birther suits. It was correct there, and it is correct here.

[ThoughtCriminal]

11. No, I did not think that lack of standing was the real issue

they completely lacked merit. President Obama was a citizen. Period - case closed. They should have been dismissed on those grounds.

[totodeinhere]

12. As more and more of his regressive court nominees get on the bench thanks to Moscow Mitch

we are going to see more and more of this. The lasting damage he has done to our country is extensive. It depresses me just to think of it.

[She_Totally_Gets_It]

13. Appeals Courts dominated by Trump appointees. We're fucked and things will get worse.