Justices Won’t Revive Democrats’ Suit on Trump Business Dealings

Oct. 13, 2020, 1:35 PM UTC

The U.S. Supreme Court won’t wade into the fight between congressional Democrats and President Donald Trump over his foreign business dealings.

The justices refused on Tuesday to revive a suit alleging Trump’s “vast business holdings around the world” violate the Constitution’s Emoluments Clause.

That provision prevents federal officials from accepting “any present, Emolument, Office, or Title, of any kind whatever” from a foreign government without congressional consent.

More than 180 House members and 29 senators argued that Trump’s refusal to seek their permission “nullifies their votes.”

The U.S. Court of Appeals for the District of Columbia Circuit tossed out the suit, saying individual members of Congress can’t sue to challenge harms to the legislature as a whole.

The judicial branch must be especially cautious of getting involved in disputes between the political branches, the D.C. Circuit said.

The case is Blumenthal v. Trump, U.S., No. 20-5.


To contact the reporter on this story: Kimberly Strawbridge Robinson in Washington at krobinson@bloomberglaw.com

To contact the editors responsible for this story: Seth Stern at sstern@bloomberglaw.com; John Crawley at jcrawley@bloomberglaw.com

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