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Administrative Law Keyed to Popper
The Emoluments Case (In re Donald J. Trump)
Citation:
958 F.3d 274 (2020)Facts
The District of Columbia and Maryland filed suit against President Trump, alleging that his continued ownership interest in the Trump International Hotel in Washington, D.C. violated the Foreign and Domestic Emoluments Clauses of the Constitution. They claimed that foreign and domestic government officials were patronizing the Hotel to curry favor with the President, thereby harming their sovereign, quasi-sovereign, and proprietary interests. The district court denied the President’s motion to dismiss as to claims related to the D.C. Hotel, finding that the plaintiffs had standing. When the President sought certification for interlocutory appeal under § 1292(b), the district court denied the request. The President then petitioned the Fourth Circuit for a writ of mandamus, seeking either an order directing the district court to certify its orders for appeal or to dismiss the complaint outright. The President argued that the district court clearly abused its discretion in refusing to certify its orders and that separation of powers concerns required immediate appellate review.
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