DIST. OF COLUMBIA v. TRUMP

No. 18-2488.

959 F.3d 126 (2020)

DISTRICT OF COLUMBIA; State of Maryland, Plaintiffs-Appellees, v. Donald J. TRUMP, President of the United States of America, in his official capacity and in his individual capacity, Defendant-Appellant. Scholar Seth Barrett Tillman; Judicial Education Project, Amici Supporting Appellant, Former Government Ethics Officers; Don Fox; Marilyn Glynn; Karen Kucik; Lawrence D. Reynolds; Amy Comstock Rick; Trip Rothschild; Richard M. Thomas; Harvey Wilcox; Leslie Wilcox, Amici Supporting Appellees, Administrative Law, Constitutional Law, and Federal Courts Scholars, Amicus Supporting Rehearing Petition.

United States Court of Appeals, Fourth Circuit.

Decided: May 14, 2020.


Attorney(s) appearing for the Case

ARGUED: Patrick Strawbridge , CONSOVOY MCCARTHY PARK PLLC, Boston, Massachusetts, for Appellant. Leah J. Tulin , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. ON BRIEF: William S. Consovoy , Thomas R. McCarthy , Bryan K. Weir , Cameron T. Norris , CONSOVOY MCCARTHY PARK PLLC, Arlington, Virginia, for Appellant. Brian E. Frosh , Attorney General, Steven M. Sullivan , Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland; Karl A. Racine , Attorney General, Loren L. AliKhan , Solicitor General, Stephanie E. Litos , Assistant Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA, Washington, D.C.; Noah Bookbinder , Laura C. Beckerman , Nikhel S. Sus , Stuart C. McPhail , CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Washington, D.C.; Deepak Gupta , Joshua Matz , Daniel Townsend , GUPTA WESSLER PLLC, Washington, D.C.; Joseph M. Sellers , Christine E. Webber , COHEN MILSTEIN SELLERS & TOLL PLLC, Washington, D.C., for Appellees. Regina Kline , Jean M. Zachariasiewicz , Anthony J. May , BROWN, GOLDSTEIN & LEVY, LLP, Baltimore, Maryland, for Amici Administrative Law, Constitutional Law, and Federal Courts Scholars. Tejinder Singh , GOLDSTEIN & RUSSELL, P.C., Bethesda, Maryland, for Amici Former Government Ethics Officials Don Fox, Marilyn Glynn, Karen Kucik, Lawrence D. Reynolds, Amy Comstock Rick, Trip Rothschild, Richard M. Thomas, Harvey Wilcox, and Leslie Wilcox. Robert W. Ray , THOMPSON & KNIGHT LLP, New York, New York; Josh Blackman , Houston, Texas, for Amicus Scholar Seth Barrett Tillman. Carrie Severino , JUDICIAL EDUCATION PROJECT, Washington, D.C., for Amicus Judicial Education Project. Jan I. Berlage , GOHN HANKEY & BERLAGE LLP, Baltimore, Maryland, for Amici Scholar Seth Barrett Tillman and the Judicial Education Project.

Dismissed by published opinion. Judge Motz wrote the majority opinion, in which Chief Judge Gregory and Judges King, Keenan, Wynn, Diaz, Floyd, Thacker, and Harris joined. Judge Niemeyer wrote a dissenting opinion, in which Judges Wilkinson, Agee, Quattlebaum, and Rushing joined. Judge Richardson wrote a dissenting opinion.


ON REHEARING EN BANC

In June 2017, the District of Columbia and the State of Maryland ("Plaintiffs") brought suit against President Donald J. Trump in his official capacity, alleging violations of the Constitution's Foreign and Domestic Emoluments Clauses...

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