Appeals court revives lawsuit against Trump over his businesses.
But by a 2-1 vote, a panel of the Second Circuit Court of Appeals in New York said the judge was wrong to dismiss the case and sent it back with instructions to continue with the lawsuit. It was brought by a group of restaurant and hotel owners who say that both foreign and state government officials patronize Trump hotels and restaurants to curry favor from the president, putting them at a competitive disadvantage and hurting their businesses.
In dissent, Judge John Walker said the courts have never clearly defined the Constitution's emoluments clauses. He called the lawsuit deeply political."President Trump was democratically elected by the American people — and he was elected with his business holdings and brand prominence in full view."
A group called Citizens for Responsibility and Ethics in Washington, which originally filed the lawsuit, applauded Friday's ruling."We never wanted to be in a position where it would be necessary to go to court to compel the president of the United States to follow the Constitution," the group said in a statement.
But Friday's decision took a different view, saying courts are not powerless and"could require public disclosure of the president's private business dealings with government officials through the Trump establishments, which may discourage presidential action that appears to improperly reward such patronage."
Another emoluments clause challenge has been brought by members of Congress, claiming that the president's acceptance of foreign emoluments without congressional approval violates the Constitution.Pete Williams is an NBC News correspondent who covers the Justice Department and the Supreme Court, based in Washington.
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