BLUMENTHAL v. TRUMP

No. 19-5237.

949 F.3d 14 (2020)

Richard BLUMENTHAL, et al., Appellees, v. Donald J. TRUMP, in His Official Capacity as President of the United States of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 2020.


Attorney(s) appearing for the Case

Hashim M. Mooppan , Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Mark R. Freeman , Washington, DC, Michael S. Raab , Martin V. Totaro , New York, NY, and Joshua Revesz , Attorneys.

Elizabeth B. Wydra , San Francisco, CA, argued the cause for appellees. With her on the brief were Brianne J. Gorod and Brian R. Frazelle .

Katharine M. Mapes and Jeffrey M. Bayne , Washington, DC, were on the brief for amici curiae Separation of Powers Scholars in support of plaintiffs-appellees Richard Blumenthal, et al. and in support of affirmance.

Walter E. Dellinger, III , Washington, DC, was on the brief for amici curiae Bipartisan Former Members of Congress in support of appellees.

Ruthanne M. Deutsch and Hyland Hunt , Washington, DC, were on the brief for amici curiae Scholars of Standing, Federal Jurisdiction, and Constitutional Law in support of plaintiffs-appellees.

Harold Hongju Koh was on the brief for amici curiae Former National Security Officials in support of plaintiffs-appellees.

Erica C. Lai , Melissa H. Maxman , and Danielle C. Morello , Washington, DC, were on the brief for amici curiae Certain Legal Historians in support of plaintiffs-appellees and affirmance.

Anthony J. May , Waukegan, IL, and Jean M. Zachariasiewicz , Baltimore, MD, were on the brief for amici curiae Administrative Law, Constitutional Law, and Federal Courts Scholars in support of appellees and in support of affirmance.

Tejinder Singh was on the brief for amici curiae Former Government Ethics Officers supporting plaintiffs-appellees and affirmance.

Colin E. Wrabley , Pittsburgh, PA, and M. Patrick Yingling , Chicago, IL, were on the brief for amici curiae The Niskanen Center, et al. in support of appellees and affirmance of the decision below.

Robert D. Dinerstein was on the brief for amici curiae Professor Clark D. Cunningham and Professor Jesse Egbert in support of neither party.

Before: Henderson, Tatel and Griffith, Circuit Judges.


In this case, 215 Members of the Congress (Members) sued President Donald J. Trump based on allegations that he has repeatedly violated the United States Constitution's Foreign Emoluments Clause (Clause). The district court's denial of the President's motion to dismiss begins with a legal truism: "When Members of Congress sue the President...

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