Absent renewed oral argument or further briefing,
impending 6 month target deadlines for the four courts (Second Circuit; DDC; D
Md; and Fourth Circuit):
[A] CREW v. Trump (2d Cir.): due circa April 30,
2019 (oral argument held on October 30, 2018—Walker, C.J.
(senior), Leval, Droney (now senior), JJ.) (fully briefed: June 27, 2018); For median times reported by circuit, see <https://www.uscourts.gov/sites/default/files/data_tables/jb_b4a_0930.2018.pdf> (median time from oral argument to opinion for civil cases in Second Circuit is 0.7 of a month);
[B] Blumenthal v. Trump (D.D.C.) (Sullivan, J.):
motion to dismiss—second opinion (issues other than standing): (past) due circa
December 7, 2018 (oral argument held on June 7, 2018)
(possibility of renewed oral argument) (fully briefed: November 21, 2017);
[C] Blumenthal v. Trump (D.D.C.) (Sullivan, J.): Sec.
1292 motion: due circa May 9, 2019 (fully briefed: November 9, 2018) (no oral argument
held or scheduled to date);
[D] DC & MD v. Trump (D. Md.) (Messitte, J.):
individual capacity Defendant’s motion to dismiss: (past) due circa November
25, 2018 (fully briefed: May 25, 2018) (no oral argument held or scheduled to date) (apparently
adjourned in light of action before 4th Circuit);
[E] In re Donald J. Trump (DC & MD v. Trump), in
his official capacity as President of the United States, App. No. 18-2486 (4th
Cir.) (Niemeyer, Quattlebaum, and Shedd
(senior), JJ.): decision on Appellant’s-Defendant’s motion to dismiss
official capacity claim and complaint due circa September 19, 2019 (oral
argument held on March 19, 2019) (fully briefed: petition is opening brief by
court order December 17, 2018; Tillman amicus brief January 29, 2019; Cunningham/Egbert amicus brief January 29, 2019; opp’n brief February 6, 2019; amici in support of opp’n February 13;
reply brief February 21, 2019); For median times reported by circuit, see <https://www.uscourts.gov/sites/default/files/data_tables/jb_b4a_0930.2018.pdf> (median time from oral argument to opinion for civil cases in Fourth Circuit is 2.5 months--circa June 10, 2019);
[F] DC & MD v. Donald J. Trump, in his
individual capacity as President of the United States, App. No. 18-2488 (4th
Cir.) (Niemeyer, Quattlebaum, and Shedd
(senior), JJ.): decision on
Appellant’s-Defendant’s motion to dismiss the individual capacity claim and
complaint due circa September 19, 2019 (oral argument held on March 19,
2019) (fully briefed: merits briefing: opening brief January 24, 2019; Tillman amicus brief January 31, 2019; opp’n brief February 14, 2019; amici in support of opp’n February 21, 2019; reply brief February
21, 2019); and,
[G] DC & MD v. Donald J. Trump, in his individual capacity as President of the United States, App. No. 18-2488 (4th Cir.) (Niemeyer, Quattlebaum, and Shedd (senior), JJ.): decision on Appellees’-Plaintiffs’ motion to dismiss the individual capacity claim appeal due circa September 19, 2019 (oral argument held on March 19, 2019) (fully briefed: merits briefing: opening brief January 4, 2019; opp’n brief January 14, 2019; reply brief January 22, 2019).
Date(s) for Submission of Brief(s):
[G] DC & MD v. Donald J. Trump, in his individual capacity as President of the United States, App. No. 18-2488 (4th Cir.) (Niemeyer, Quattlebaum, and Shedd (senior), JJ.): decision on Appellees’-Plaintiffs’ motion to dismiss the individual capacity claim appeal due circa September 19, 2019 (oral argument held on March 19, 2019) (fully briefed: merits briefing: opening brief January 4, 2019; opp’n brief January 14, 2019; reply brief January 22, 2019).
Date(s) for Submission of Brief(s):
No briefs currently scheduled.
Date(s) for Scheduled Oral Argument(s):
No oral arguments currently scheduled.
Other websites: Emoluments Clause Litigation, Gupta Wessler, P.L.L.C. (last visited Mar. 26, 2018), http://guptawessler.com/emoluments/; Rule of Law: Blumenthal, et al. v. Trump, Holding President Trump Accountable for His Violations of the Foreign Emoluments Clause, Constitutional Accountability Ctr. (last visited Mar. 26, 2018), https://www.theusconstitution.org/litigation/trump-and-foreign-emoluments-clause/; docket with links to Blumenthal <https://www.courtlistener.com/docket/6073688/blumenthal-v-trump/>; docket with links to Fourth Circuit official capacity action <https://www.courtlistener.com/docket/8420279/in-re-donald-j-trump/>.
Date(s) for Scheduled Oral Argument(s):
No oral arguments currently scheduled.
Other websites: Emoluments Clause Litigation, Gupta Wessler, P.L.L.C. (last visited Mar. 26, 2018), http://guptawessler.com/emoluments/; Rule of Law: Blumenthal, et al. v. Trump, Holding President Trump Accountable for His Violations of the Foreign Emoluments Clause, Constitutional Accountability Ctr. (last visited Mar. 26, 2018), https://www.theusconstitution.org/litigation/trump-and-foreign-emoluments-clause/; docket with links to Blumenthal <https://www.courtlistener.com/docket/6073688/blumenthal-v-trump/>; docket with links to Fourth Circuit official capacity action <https://www.courtlistener.com/docket/8420279/in-re-donald-j-trump/>.
Pre-litigation sources:
Sheri Dillon et al., Morgan, Lewis & Bockius (“MLB”) LLP White Paper, Conflicts of Interest and the President (Jan. 11, 2017), https://assets.documentcloud.org/documents/3280261/MLB-White-Paper-1-10-Pm.pdf [https://perma.cc/B8BU-X4U3].
CREW v. Trump (SDNY and 2d Circuit):
Second Amended Complaint, CREW v. Trump, Civ. A. No. 1:17-cv-00458-RA (S.D.N.Y. May 10, 2017) (Abrams, J.), ECF No. 28, 2017 WL 2734681, http://guptawessler.com/wp-content/uploads/2012/05/Second-Amended-Complaint.pdf (CREW v. Trump was subsequently transferred from Judge Abrams (RA) to Judge Daniels (GBD)), amending
CREW v.
Trump, DOJ’s
Memorandum of Law in Support of Motion to Dismiss (Second Amended Complaint),
2017 WL 3421202, http://guptawessler.com/wp-content/uploads/2012/05/2017-06-09-35-MTD-Mem.pdf.
CREW v.
Trump,
Plaintiffs’ Opposition Brief, 2017 WL 3444116, http://guptawessler.com/wp-content/uploads/2012/05/EmolumentsBrief.pdf.
CREW v.
Trump, DOJ’s
Reply Brief, ECF No. 94, 2017 WL 7803918, https://assets.documentcloud.org/documents/4059636/document-19885574.pdf.
Legal
Historians Brief—Amicus filing in Support of Plaintiffs: 2017 WL 5483629, 2017
U.S. Dist. Ct. Motions LEXIS 406, http://guptawessler.com/wp-content/uploads/2017/08/LegalHistorians.pdf.
Brief of
Ethics Officers—Amicus filing in Support of Plaintiffs: ECF No. 71-1, 2017 WL 7795993, http://guptawessler.com/wp-content/uploads/2017/08/GovtEthicsOfficials.pdf.
Brief of
Scholars of Admin Law, Con Law, and Federal Jurisdiction—Amicus filing in
Support of Plaintiffs: ECF No. 64-1, 2017 WL 7795996, http://guptawessler.com/wp-content/uploads/2017/08/Scholars.pdf.
Brief of
Senator Blumenthal—Amicus filing in Support of Plaintiffs: ECF No. 63-1, 2017 WL 7795992, http://guptawessler.com/wp-content/uploads/2017/08/MembersofCongress.pdf.
Chayes
Brief—Amicus filing in Support of Plaintiffs: ECF No. 62-1, 2017 WL 7795995, http://guptawessler.com/wp-content/uploads/2017/08/Chayes.pdf.
Tillman—Amicus
filing in Support of Defendant: 2017 WL 2692500, 2017 U.S. Dist. Ct. Briefs
LEXIS 402, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2985843.
Tillman
& JEP Response to Legal Historians, 2017 WL 4685886, 2017 U.S. Dist. Ct.
Briefs LEXIS 408, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3002345.
Letter
from Kate Mollan, Center for Legislative Archives, National Archives and
Records Administration, to Seth Barrett Tillman (June 7, 2017) (Exhibit B), in
Amicus Curiae Scholar Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial
Education Project’s Response to Amici Curiae by Certain Legal
Historians, CREW v. Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept.
19, 2017) (Daniels, J.), ECF No. 85-3, http://bit.ly/2h1BgcT.
Letter
from Kate Mollan, Center for Legislative Archives, National Archives and
Records Administration, to Seth Barrett Tillman (Aug. 17, 2017) (Exhibit C), in
Amicus Curiae Scholar Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial
Education Project’s Response to Amici Curiae by Certain Legal
Historians, CREW v. Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept.
19, 2017) (Daniels, J.), ECF No. 85-4, http://bit.ly/2x1Nzf1.
Declaration
of Seth Barrett Tillman (Exhibit D), in Amicus Curiae Scholar Seth
Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW
v. Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels,
J.), ECF No. 85-5, 2017 WL 7795997, https://www.scribd.com/document/358948043/D-Tillman-Declaration,
https://ssrn.com/abstract=3037107.
Declaration
of Michael E. Newton (Exhibit E), in Amicus Curiae Scholar Seth Barrett
Tillman’s and Proposed Amicus Curiae Judicial Education Project’s
Response to Amici Curiae by Certain Legal Historians, CREW v. Trump,
Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No.
85-6, 2017 WL 7964201, https://www.scribd.com/document/358816892/E-Newton-Declaration.
Supplemental
Declaration of Michael E. Newton (Exhibit F), in Amicus Curiae Scholar
Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW
v. Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels,
J.), ECF No. 85-7, 2017 WL 7964223, https://www.scribd.com/document/358817691/F-Newton-Supplemental-Declaration.
Declaration
of John P. Kaminski (Exhibit G), in Amicus Curiae Scholar Seth Barrett
Tillman’s and Proposed Amicus Curiae Judicial Education Project’s
Response to Amici Curiae by Certain Legal Historians, CREW v. Trump,
Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No.
85-8, 2017 WL 7964226, https://www.scribd.com/document/358986557/G-Kaminski-Declaration.
Declaration
of Professor Kenneth R. Bowling, Ph.D.(Exhibit H), in Amicus Curiae Scholar
Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW
v. Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels,
J.), ECF No. 85-9, 2017 WL 7964211, https://www.scribd.com/document/358816894/H-Bowling-Declaration.
Declaration
of Professor Stephen F. Knott (Exhibit I), in Amicus Curiae Scholar Seth
Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW
v. Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels,
J.), ECF No. 85-10, 2017 WL 7964225, https://www.scribd.com/document/358816904/I-Knott-Declaration.
Declaration
of Professor Robert W.T. Martin (Exhibit J), in Amicus Curiae Scholar
Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW
v. Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels,
J.), ECF No. 85-11, 2017 WL 7964229, https://www.scribd.com/document/358816895/J-Martin-Declaration.
Exhibit
K: The Complete Report—Transmittal Letter, ECF No. 85-12, http://bit.ly/2xkY1Pc.
Exhibit
L: The Complete Report—Cover Letter, ECF No. 85-13, http://bit.ly/2fj6IQ0.
Exhibit
M: The Complete Report—Annexes I, II, and IV-XVIII, ECF Nos. 85-14 to
85-22, http://bit.ly/2eV95bn.
Exhibit
N: The Complete Report—Annex III, ECF No. 85-23, http://bit.ly/2h1kdre.
Exhibit
O: The Complete Report—Annex XIX, ECF No. 85-24, https://www.scribd.com/document/358817052/O-Complete-Report-Annex-19.
Exhibit
P: The Condensed Report, ECF Nos. 85-25 to 85-28, http://bit.ly/2xknN6j.
Exhibit
Q: Papers of Alexander Hamilton—Reproduction of The Complete Report’s
Cover Letter, ECF No. 85-29, http://bit.ly/2vU9QZ8.
Exhibit
R: American State Papers—Reproduction of The Condensed Report, ECF No. 85-30, http://bit.ly/2h41iZr.
Letter
from Counsel for the Legal Historians to Judge George B. Daniels, CREW v.
Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Oct. 3, 2017), ECF No. 96, https://tinyurl.com/ybd783uf.
John
Mikhail, Our correction and apology to Professor Tillman, Balkinization
(Oct. 3, 2017, 8:30 PM), https://balkin.blogspot.ie/2017/10/our-correction-and-apology-to-professor.html.
Jed
Shugerman, An Apology to Tillman and Blackman, Take Care (Sept. 22,
2017), https://takecareblog.com/blog/an-apology-to-tillman-and-blackman.
Oral
argument on the DOJ's motion to dismiss held on October 18, 2017.
Letter
from Department of Justice Counsel to Judge Daniels at 1, CREW v. Trump,
Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y. Oct. 25, 2017) (Daniels, J.), ECF No.
98 (“[T]he government has not conceded
that the President is subject to the Foreign Emoluments Clause.”)
OPINION: CREW v. Trump, Civ. A. No. 1:17-cv-00458-GBD, 2017 WL 6524851,
2017 U.S. Dist. LEXIS 210326, 276 F. Supp. 3d 174, 179 n.1 (S.D.N.Y. Dec. 21,
2017) (Daniels, J.), notice of appeal filed on Feb. 16, 2018 (“Because
Plaintiffs’ claims are dismissed under Rule 12(b)(1), this Court does not reach
the issue of whether Plaintiffs’ allegations state a cause of action under
either the Domestic or Foreign Emoluments Clauses, pursuant to Rule
12(b)(6).”), <http://www.nysd.uscourts.gov/cases/show.php?db=special&id=595>.
CREW v.
Trump, No.
18-474 (2d Cir. filed Feb. 16, 2018). Eg: Notice of Appeal filed by Plaintiffs/Appellants (filed Feb. 16, 2018).
Appellants' (Plaintiffs') Brief, 2018 WL 1965685, 2018 U.S. 2nd Cir. Briefs LEXIS
1, filed April 24, 2018. See fn.2: counsel indicated that plaintiff-appellant CREW has dropped out of the case.
Brief of Members of Congress as Amici Curiae in Support of
Plaintiffs-Appellants and Reversal, CREW v. Trump, No. 18-474 (2d Cir.
May 1, 2018), ECF No. 48-2, 2018 WL 2045609, 2018 U.S. 2nd
Cir. Briefs LEXIS 8, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief of
the Niskanen Center, Republican Women for Progress, Cheri Jacobus, and Evan
McMullin as Amici Curiae in Support of Plaintiffs-Appellants, CREW v.
Trump, No. 18-474 (2d Cir. May 1, 2018), ECF No. 49, 2018 WL 2096350, 2018 U.S. 2nd Cir. Briefs
LEXIS 7, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief of Amici
Curiae Legal Historians in Support of Appellants, CREW v. Trump, No.
18-474 (2d Cir. May 1, 2018), ECF No. 49, 2018
WL 2045608, 2018 U.S. 2nd Cir. Briefs LEXIS 2, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief of
Former National Security Officials as Amici Curiae in Support of
Plaintiffs-Appellants, CREW v. Trump, No. 18-474 (2d Cir. May 1, 2018), ECF No. 46, 2018 WL 2045607, 2018 U.S.
2nd Cir. Briefs LEXIS 3, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief of
Separation of Powers Scholars as Amici Curiae in Support of Plaintiffs-Appellants
and in Support of Reversal, CREW v. Trump, No. 18-474 (2d Cir. May 1,
2018), ECF No. 44, 2018 WL 2045605, 2018
U.S. 2nd Cir. Briefs LEXIS 5, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Amicus
Brief of Former Government Ethics Officials Supporting Appellants and Reversal,
CREW v. Trump, No. 18-474 (2d Cir. May 1, 2018), ECF No. 41, 2018 WL 2045606, 2018 U.S. 2nd Cir. Briefs
LEXIS 6, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief for
Amici Curiae Scholars of Administrative Law, Constitutional Law and
Federal Jurisdiction in Support of Appellants and Urging Reversal, CREW v.
Trump, No. 18-474 (2d Cir. May 1, 2018), ECF No. 40, 2018 WL 2045604, 2018 U.S. 2nd Cir. Briefs
LEXIS 4, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief for Appellee President Donald J. Trump, CREW v. Donald J.
Trump, in his official capacity as President of the United States of America,
No. 18-474 (2d Cir. May 29, 2018), ECF No. 128, 2018 WL 2426623, 2018 U.S. 2nd Cir. Briefs LEXIS
9.
Brief of Amici
Curiae Scholar Seth Barrett Tillman and the Judicial Education Project in
Support of Defendant-Appellee, Citizens for Responsibility and Ethics in
Washington v. Donald J. Trump, in his official capacity as President of the United States of
America, No. 18-0474-cv (2d Cir. June 5, 2018), ECF No. 135, Trans. ID#
2318453, 2018 WL 2722468, 2018 U.S. 2nd Cir. Briefs LEXIS 10, https://ssrn.com/abstract=3183012.
Reply Brief of Plaintiffs-Appellants, Citizens
for Responsibility and Ethics in Washington v. Donald J. Trump, in his official
capacity as President of the United States of America, No. 18-474 (2d Cir. June
27, 2018), ECF No. 155, 2018 WL 3219449, 2018 U.S. 2nd Cir. Briefs LEXIS 11,
http://guptawessler.com/emoluments/.
Letter from Appellants to the Clerk of the Circuit Court (Oct. 23, 2018), ECF No. 172, stating that plaintiff-appellant Jill Phaneuf has dropped out of the case. (The Appellants'-Plaintiffs' opening brief, filed April 24, 2018, see above, had already stated that CREW dropped out of the case.) The only remaining Appellants-Plaintiffs are: Goode and ROC.
Oral argument: scheduled for October 30, 2018, at 10:00 AM. Composition of panel: (Walker, C.J. (senior), Leval, Droney (now senior), JJ.). See http://ww2.ca2.uscourts.gov/calendar/index.php?eID=1706. mp3: (http://www.ca2.uscourts.gov/decisions).
OPINION: Citizens for Responsibility and Ethics in Washington v. Donald J. Trump, in his official capacity as President of the United States of America, [App.] No. 18-474, 2018 WL _______, 2018 CA2 LEXIS ___, ___ F.3d ____ (2d Cir. forth. 2019), ECF No. __ (appeal of motion to dismiss).
Letter from Appellants to the Clerk of the Circuit Court (Oct. 23, 2018), ECF No. 172, stating that plaintiff-appellant Jill Phaneuf has dropped out of the case. (The Appellants'-Plaintiffs' opening brief, filed April 24, 2018, see above, had already stated that CREW dropped out of the case.) The only remaining Appellants-Plaintiffs are: Goode and ROC.
Oral argument: scheduled for October 30, 2018, at 10:00 AM. Composition of panel: (Walker, C.J. (senior), Leval, Droney (now senior), JJ.). See http://ww2.ca2.uscourts.gov/calendar/index.php?eID=1706. mp3: (http://www.ca2.uscourts.gov/decisions).
OPINION: Citizens for Responsibility and Ethics in Washington v. Donald J. Trump, in his official capacity as President of the United States of America, [App.] No. 18-474, 2018 WL _______, 2018 CA2 LEXIS ___, ___ F.3d ____ (2d Cir. forth. 2019), ECF No. __ (appeal of motion to dismiss).
Petition for Writ of Certiorari filed by
non-prevailing party before Second Circuit (forth. 2019).
Opposition to Petition for Writ (forth. 2019).
Reply in support of Petition for Writ
(forth. 2019).
OPINION: Supreme Court in regard to
petition seeking a writ of certiorari, [file] No. ___, __ U.S. ____ (forth. 2019).
Oral argument before Supreme Court (forth. 2019-2020).
OPINION: Supreme Court on the merits,
[file] No. ___, __ U.S. ____ (forth. 2019-2020).
Blumenthal
v. Trump (DDC and, in the future, DC Circuit):
First Amended Complaint, Blumenthal v. Trump, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. Aug. 15, 2017) (Sullivan, J.), ECF No. 14, 2017 WL 7355132, 2017 U.S. Dist. Ct. Pleadings LEXIS 82, https://www.theusconstitution.org/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Amended_Complaint_Final.pdf, amending
First Amended Complaint, Blumenthal v. Trump, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. Aug. 15, 2017) (Sullivan, J.), ECF No. 14, 2017 WL 7355132, 2017 U.S. Dist. Ct. Pleadings LEXIS 82, https://www.theusconstitution.org/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Amended_Complaint_Final.pdf, amending
Blumenthal
v. Trump, DOJ’s
Memorandum of Law in Support of Motion to Dismiss (First Amended Complaint),
2017 WL 6034903, https://www.theusconstitution.org/wp-content/uploads/2018/01/FEC_Motion_to_Dismiss-1-1.pdf.
Blumenthal
v. Trump,
Plaintiffs’ Opposition Brief, 2017 WL 5485653, https://www.theusconstitution.org/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Response_to_Motion_to_Dismiss_FINAL-2.pdf.
Blumenthal
v. Trump, DOJ’s
DOJ’s Reply Brief (Nov. 21, 2017), 2017 WL 7542566.
Legal
Historians Brief—Amicus filing in Support of Plaintiffs: 2017 WL 5513219, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Legal_Historians_Brief_As_Filed.pdf.
Brief of
Former National Security Officials—Amicus filing in Support of Plaintiffs: 2017
WL 5513217, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Former_National_Security_Experts_Brief_As_Filed.pdf.
Brief of Separation of Powers Scholars—Amicus filing in Support of Plaintiffs: 2017 WL 5513218, 2017 U.S. Dist. Ct. Briefs LEXIS 42, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Separation_of_Powers_Scholars_Brief_As_Filed.pdf. originally filed Nov. 2, 2017;
Brief of Former Govt Ethics Officers—Amicus filing in Support of Plaintiffs: 2017 WL 5513220, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Former_Gov_Ethics_Officials_Brief_As_Filed.pdf.
Brief of Federal Jurisdiction and Con Law Scholars—Amicus filing in Support of Plaintiffs: 2017 WL 5513221, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Fed_Jurisdiction_Con_Law_Scholars_Brief_As_Filed.pdf.
Brief of Separation of Powers Scholars—Amicus filing in Support of Plaintiffs: 2017 WL 5513218, 2017 U.S. Dist. Ct. Briefs LEXIS 42, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Separation_of_Powers_Scholars_Brief_As_Filed.pdf. originally filed Nov. 2, 2017;
Brief of Former Govt Ethics Officers—Amicus filing in Support of Plaintiffs: 2017 WL 5513220, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Former_Gov_Ethics_Officials_Brief_As_Filed.pdf.
Brief of Federal Jurisdiction and Con Law Scholars—Amicus filing in Support of Plaintiffs: 2017 WL 5513221, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Fed_Jurisdiction_Con_Law_Scholars_Brief_As_Filed.pdf.
Brief on Behalf
of Former Members of Congress, ECF No. 18, 2017 WL 7964199, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Former_MOC_Brief_As_Filed.pdf.
Tillman
and JEP—Amicus filing in Support of Defendant, 2017 WL 4230605, 2017 U.S. Dist.
Ct. Briefs LEXIS 30, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2996384.
Plaintiffs'
notice of supplemental authority, ECF No. 47 (filing DC & MD v. Trump decision
as supplemental authority).
Motion
for Clarification by Amici Curiae Scholar Seth Barrett Tillman and the
Judicial Education Project, Senator Richard Blumenthal v. Donald J. Trump,
in his official capacity as President of the USA, No. 17 Civ. 1154-EGS
(D.D.C. April 13, 2018) (Sullivan, J.) (filed by Josh Blackman et al.), ECF No. 48.
Defendant’s
Supplemental Brief in Support of his Motion to Dismiss and in Response to the
Briefs of Amici Curiae at 21, Senator Richard Blumenthal v. Donald J.
Trump, in his official capacity as President of the United States of America,
Civ. A. No. 1:17-cv-01154-EGS (D.D.C. April 30, 2018) (Sullivan, J.), ECF No.
51, 2018 WL 2042235, 2018 U.S. Dist. Ct. Motions LEXIS 25 (“For purposes of his motion to dismiss, the
President has assumed that he is subject to the Foreign Emoluments Clause on
the assumption that he holds an 'Office of Profit or Trust' within the meaning
of the Clause.”).
Plaintiffs’
Supplemental Memorandum, Senator Richard Blumenthal v. Donald J. Trump, in
his official capacity as President of the United States of America, Civ. A.
No. 1:17-cv-01154-EGS (D.D.C. April 30, 2018) (Sullivan, J.), ECF No. 50, 2018
WL 2042238, 2018 U.S. Dist. Ct. Motions LEXIS 24.
Motion
for Leave of Amici Curiae Scholar Seth Barrett Tillman and the Judicial
Education Project to be Heard at Oral Argument, Senator Richard Blumenthal
v. Donald J. Trump, in his official capacity as President of the United States
of America, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. May 21, 2018) (Sullivan,
J.) (filed by Josh Blackman et al.), ECF No. 52, 2018 WL 2321735, 2018 U.S.
Dist. Ct. Motions LEXIS 46, https://ssrn.com/abstract=3177824.
Oral argument on DOJ's motion to dismiss:
June 7, 2018, 10 AM.
Defendant's Notice of Supplemental Authority, Blumenthal v. Trump, ECF No. 56 (filing Cummings v. Murphy, No. 17-cv-2308 (APM) (D.D.C. Aug. 14, 2018)).
Defendant's Notice of Supplemental Authority, Blumenthal v. Trump, ECF No. 56 (filing Cummings v. Murphy, No. 17-cv-2308 (APM) (D.D.C. Aug. 14, 2018)).
OPINION: Blumenthal v. Trump, Civ. A. No. 17-cv-1154-EGS, 2018 WL 4681001, 2018 U.S. Dist. LEXIS 167411, 335 F. Supp. 3d 45 (D.D.C. Sept. 28, 2018) (Sullivan, J.) (issues related to standing only), ECF No. 59, <https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2017cv1154-59>.
Plaintiffs’ Notice of Supplemental Authority, Blumenthal v. Trump, Case 1:17-cv-01154-EGS (Jan. 30, 2019), ECF No. 63 (discussing OIG Report), <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.63.0_1.pdf>.
Defendant’s Notice of Supplemental Authority, Blumenthal v. Trump, Case 1:17-cv-01154-EGS (Feb. 1, 2019), ECF No. 64 (discussing OIG Report), <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.64.0_2.pdf>.
OPINION: Blumenthal v. Trump, Civ. A. No. 17 Civ. 1154-EGS, ____ WL _______, ____ U.S. Dist. LEXIS ______, ___ F. Supp. 3d ____ (D.D.C. forth. 2019) (Sullivan, J.) (issues other than standing), ECF No. __.
Defendant's Motion for Certification of
the Court's September 28, 2018 Order Pursuant to 28 U.S.C. § 1292(b), Blumenthal v. Trump, Civ.
A. No. 17-cv-1154-EGS (D.D.C. Oct. 22, 2018)
(Sullivan, J.) (filed by DOJ), ECF No. 60, 2018 WL 5668943, 2018 U.S. Dist. Ct. Motions LEXIS 62.
Plaintiffs' Opposition to Defendant's
Motion for Certification of the Court's September 28, 2018 Order Pursuant to 28
U.S.C. § 1292(B), Blumenthal v.
Trump, Civ. A. No. 17-cv-1154-EGS (D.D.C.
Nov. 2, 2018) (Sullivan, J.), ECF No. 61, 2018 WL 5801879, 2018 U.S. Dist. Ct. Motions LEXIS 103.
Defendant's Reply in Support of his Motion for Certification of the Court's September 28, 2018 Order Pursuant to 28
U.S.C. § 1292(b), Blumenthal v.
Trump, Civ. A. No. 17-cv-1154-EGS (D.D.C. Nov.
9, 2018) (Sullivan, J.), ECF No. 62, 2018
WL 5906832, 2018 U.S. Dist. Ct. Motions LEXIS 106.
OPINION: Blumenthal v. Trump, Civ. A. No. 17 Civ. 1154-EGS, ____ WL _______, ____ U.S. Dist. LEXIS ______, ___ F. Supp. 3d ____ (D.D.C. forth. 2019) (Sullivan, J.) (addressing DOJ's Section 1292 motion), ECF No. __.
OPINION: Blumenthal v. Trump, Civ. A. No. 17 Civ. 1154-EGS, ____ WL _______, ____ U.S. Dist. LEXIS ______, ___ F. Supp. 3d ____ (D.D.C. forth. 2019) (Sullivan, J.) (addressing DOJ's Section 1292 motion), ECF No. __.
Assuming the District Court denies,
Defendant's 1292 motion,
then ...
Defendant's Emergency Motion seeking
mandamus (or other extraordinary remedy) and stay of discovery (D.C. Cir.
forth. 2018-2019).
Plaintiffs' Opposition to Emergency Motion seeking mandamus (D.C. Cir. forth. 2018-2019).
Defendant's Reply in Support of Motion
seeking mandamus (D.C. Cir. forth. 2018-2019).
OPINION: Blumenthal v. Trump (official
capacity appeal), [App.] No. __, 2018 WL _______, 2018 LEXIS _______, ___ F.3d ____ (4th
Cir. forth. 2019-2020), ECF No. __ (emergency motion in regard to official
capacity orders).
Petition for Writ of Certiorari filed by
non-prevailing party before D.C. Circuit (forth. 2019-2020).
Opposition to Petition for Writ (forth. 2019-2020).
Reply in support of Petition for Writ
(forth. 2019-2020).
OPINION/ORDER: Supreme Court in regard to
petition seeking a writ of certiorari, [file] No. __, __ U.S. ____ (forth. 2019-2021).
Oral argument before Supreme Court (forth. 2019-2021).
OPINION: Supreme Court on the emergency
motion [file] No. __, __ U.S. ____ (forth. 2019-2021).
Notice of Appeal or motion seeking
mandamus filed by non-prevailing party in DDC (forth. 2018-2019).
OPINION: Blumenthal v. Trump, [App.]
No. __, 2018 WL _______, 2018 LEXIS ___, ___ F.3d ____ (D.C. Cir. forth. 2019-2020),
ECF No. __ (addressing 1292 motion, and/or the District Court's two orders
deciding Defendant's motion to dismiss).
Petition for Writ of Certiorari filed by
non-prevailing party before DC Circuit (forth. 2019-2020).
Opposition to Petition for Writ (forth. 2019-2020).
Reply in support of Petition for Writ
(forth. 2019-2020).
OPINION/ORDER Supreme Court in regard to
petition seeking a writ of certiorari, [file] No. __, __ U.S. ____ (forth. 2019-2020).
Oral argument before Supreme Court (forth. 2019-2020).
OPINION: Supreme Court on the merits, [file] No. __, __ U.S. ____ (forth. 2020-2021).
OPINION: Supreme Court on the merits, [file] No. __, __ U.S. ____ (forth. 2020-2021).
DC
& MD v. Trump (D. Md. and 4th Circuit):
[First]
Amended Complaint, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md.
Feb. 23, 2018) (Messitte, J.), ECF No. 90-2, 2018 WL 1051866, <https://assets.documentcloud.org/documents/4386797/2-23-18-DC-v-Trump-Amended-Complaint.pdf>,
amending Complaint, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md.
June 12, 2017) (Messitte, J.), ECF No. 1, 2017 WL 2559732, <http://guptawessler.com/wp-content/uploads/2012/05/2017-6-12-DC-MARYLAND-vs-TRUMP.pdf>
(Rule 15 motion filed, notwithstanding complete briefing and oral argument on
motion to dismiss based on the original complaint).
Answer
of the President, in his Official Capacity, DC & MD v. Trump, Civ. A. No.
8:17-cv-01596-PJM, 2018 WL 4276187, 2018 U.S. Dist. Ct. Pleadings LEXIS 14 (D.
Md. Sept. 5, 2018) (Messitte, J.) (filed by DOJ), ECF No. 129.
DC
& MD v. Trump, DOJ’s Memorandum of Law in Support of Motion to Dismiss
(Complaint), 2017 WL 5557942, <http://guptawessler.com/wp-content/uploads/2017/11/2019-09-29-29-1-Govt-MTD.pdf>.
DC
& MD v. Trump, Plaintiffs’ Opposition Brief, 2017 WL 5598183, <http://guptawessler.com/wp-content/uploads/2017/11/Filed-DC-MD-emoluments-opposition.pdf>.
DC
& MD v. Trump, DOJ’s Reply Brief, 2017 WL 7551098.
Legal
Historians Brief—Amicus filing in Support of Plaintiffs: 2017 WL 5624876.
Brief
of Former National Security Officers—Amicus filing in Support of Plaintiffs:
2017 WL 5624871.
Brief
of Chayes—Amicus filing in Support of Plaintiffs: 2017 WL 5624874.
Brief
of Former Government Ethics Officers—Amicus filing in Support of Plaintiffs:
2017 WL 5900264.
Brief
of Amici Curiae Administrative Law, Constitutional Law, and Federal Courts
Scholars—Amicus filing in Support of Plaintiffs: 2017 WL 5624872.
Tillman
and JEP—Amicus filing in Support of Defendant, 2017 WL 5598180, 2017 WL
4685826, 2017 U.S. Dist. Ct. Briefs LEXIS 410, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2996355>.
Corrected
Response of Scholar Seth Barrett Tillman and the Judicial Education Project as
Amici Curiae in Support of the Defendant, 2017 WL 6880026, 2017 U.S. Dist. Ct.
Motions LEXIS 466, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3089868>.
Oral
argument on DOJ’s motion to dismiss held on January 25, 2018.
Correspondence,
from Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in
Support of the Defendant, Seeking an Order in regard to Plaintiffs’ Motion to
Amend the Complaint, District of Columbia & State of Maryland v. Donald J.
Trump, in his official capacity as President of the United States of America,
Civ. A. No. 8:17-cv-01596-PJM (D. Md. Jan. 29, 2018) (Messitte, J.) (filed by
Professor Josh Blackman et al.), ECF No. 88, 2018 WL 1128948, <https://www.scribd.com/document/370301834/Maryland-v-Trump-Correspondence-1-29-18>,
<https://ssrn.com/abstract=3112896>.
Memorandum
of Law in Support of Plaintiffs’ Motion for Leave to File an Amended Complaint
and to Apply the Pending Motion to Dismiss [Doc. 21] to the Amended Complaint,
DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Feb. 23, 2018)
(Messitte, J.), ECF No. 90-1, 2018 WL 1156591 (under Rule 12 and Rule 15).
Defendant’s
Response to Plaintiffs’ Motion for Leave to File an Amended Complaint and to
Apply the Pending Motion to Dismiss [Doc. 21] to the Amended Complaint, DC
& MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Mar. 8, 2018)
(Messitte, J.), ECF No. 93, 2018 WL 1226121 (under Rule 12).
Plaintiffs’
Reply Brief to DOJ Opp’n Brief: not filed as Court ruled before filing date:
See Order, Mar. 13, 2018, Doc. 94 (granting Rule 12 motion, explaining that the
court will rule on official capacity claim “without delay”).
Letter
Brief filing Supplemental Authority, from Seth Barrett Tillman and the Judicial
Education Project as Amici Curiae in Support of the Defendant, District of
Columbia & State of Maryland v. Donald J. Trump, in his official capacity
as President of the United States of America, Civ. A. No. 8:17-cv-01596-PJM (D.
Md. Mar. 19, 2018) (Messitte, J.), ECF No. 97, <https://www.scribd.com/document/374271648/D-C-and-Maryland-v-Trump-Notice-of-Supplemental-Authority-3-19-18>,
<https://ssrn.com/abstract=3141732>.
Summons served on President on or about March 26, 2018, ECF No. 98.
Summons served on President on or about March 26, 2018, ECF No. 98.
President
of the United States’ Statement of Interest, District of Columbia & State
of Maryland v. Donald J. Trump, in his official capacity as President of the
United States of America, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Mar. 26, 2018)
(Messitte, J.) (filed by the Department of Justice), ECF No. 100, 2018 WL
1511801, <https://ssrn.com/abstract=3150220>
(“We assume for purposes of this Statement that the President is subject to the
Foreign Emoluments Clause.”).
OPINION:
DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM, 2018 WL 1516306, 2018 U.S.
Dist. LEXIS 51365, 291 F. Supp. 3d 725 (D. Md. Mar. 28 2018) (Messitte, J.),
ECF No. 101 (determining standing only, with further decision(s) yet to come), <http://guptawessler.com/wp-content/uploads/2018/03/101-Opinion.pdf>.
Supplemental
briefing towards second oral argument to conclude no later than May 31, 2018.
But, it appears no such supplemental filings will be made (by the parties). In
the absence of filings by the parties, there is nothing for amici to file.
Memorandum
in Support of Motion to Dismiss on Behalf of Defendant in his Individual
Capacity, District of Columbia & State of Maryland v. Donald J. Trump, in
his official capacity as President of the United States and in his individual
capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 1, 2018) (Messitte, J.)
(filed by Consovoy McCarthy Park PLLC), ECF No. 112-1, 2018 WL 2046401
(motion), 2018 WL 2084199 (memo), 2018 U.S. Dist. Ct. Motions LEXIS 31.
Brief
for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici
Curiae in Support of Neither Party with Respect to Motion to Dismiss on Behalf
of Defendant in his Individual Capacity, District of Columbia & State of
Maryland v. Donald J. Trump, in his official capacity as President of the United
States of America, and in his individual capacity, Civ. A. No.
8:17-cv-01596-PJM (D. Md. May 8, 2018) (Messitte, J.) (filed by Josh Blackman
et al.), ECF No. 114, 2018 WL 2159867, 2018 U.S. Dist. Ct. Motions LEXIS 32, <https://ssrn.com/abstract=3174268>.
Memorandum
of Law in Support of Plaintffs’ Opposition to Motion to Dismiss of Defendant in
his Individual Capacity, District of Columbia & State of Maryland v. Donald
J. Trump, in his official capacity as President of the United States of
America, and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md.
May 18, 2018) (Messitte, J.), ECF No. 117, 2018 WL 2417891, 2018 WL 2321736
[?], 2018 U.S. Dist. Ct. Motions LEXIS 47.
Reply
[Brief] in Support of Motion to Dismiss on Behalf of Defendant in his
Individual Capacity, District of Columbia & State of Maryland v. Donald J.
Trump, in his official capacity as President of the United States of America,
and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 25,
2018) (Messitte, J.) (filed by Consovoy McCarthy Park PLLC), ECF No. 118, 2018
WL 2761577, 2018 U.S. Dist. Ct. Motions LEXIS 48.
Second
oral argument on DOJ’s motion to dismiss on June 11, 2018, 10 AM.
OPINION:
District of Columbia & The State of Maryland v. Donald J. Trump,
individually and in his official capacity as President of the United States,
Civ. A. No. 8:17-cv-01596-PJM, 2018 WL 3559027, 2018 U.S. Dist. LEXIS 124129,
315 F. Supp. 3d 875, 880, 882–85, 884 n.17 (D. Md. July 25, 2018) (Messitte,
J.), ECF No. 124 (deciding threshold issues other than standing—in regard to
official capacity claims only) (citing Tillman’s Amicus brief) (ruling for
plaintiffs—no discovery ordered at this juncture), <http://www.mdd.uscourts.gov/news/opinion-issued-district-columbia-et-al-v-donald-j-trump-2018-07-25t000000>.
[Parties’]
Joint Recommendation at 5, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM
(D. Md. Aug. 15, 2018) (Messitte, J.), ECF No. 125: “President Trump in his
official capacity plans to file a motion, pursuant to 28 U.S.C. § 1292(b), to
certify for interlocutory appeal the Court’s March 28 and July 15 Orders on the
Motion to Dismiss (Doc. 101 and 123) and, if granted, to stay proceedings
pending appeal. The parties have conferred and agreed on a proposed briefing schedule,
as follows: Motion for Certification under 28 U.S.C. § 1292(b) [/] August 17,
2018[;] Opposition to Motion for Certification [/] September 17, 2018[;] Reply
in Support of Motion [/] October 1, 2018.”
Motion
of the President, in his Official Capacity, for Certification of this Court’s
March 28 and July 25, 2018 Orders Pursuant to 28 U.S.C. § 1292(b) and for a
Stay Pending Appeal, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D.
Md. Aug. 17, 2018) (Messitte, J.) (filed by DOJ), ECF No. 127, 2018 WL 3969639,
2018 U.S. Dist. Ct. Motions LEXIS 59.
Answer
of the President, in his Official Capacity, DC & MD v. Trump, Civ. A. No.
8:17-cv-01596-PJM, 2018 WL 4276187, 2018 U.S. Dist. Ct. Pleadings LEXIS 14 (D.
Md. Sept. 5, 2018) (Messitte, J.) (filed by DOJ), ECF No. 129.
Plaintiffs’ Opp’n to President Trump’s Motion for Certification of this Court’s March 28 and July 25, 2018 Orders for Interlocutory Appeal and for a Stay Pending Appeal, DC & MD v. Trump, Civil Action No. 8:17-cv-01596-PJM (D. Md. Sept. 17, 2018) (Messitte, J.), ECF No. 133, 2018 WL 4464964, 2018 U.S. Dist. Ct. Motions LEXIS 60.
Reply of the President, in his Official Capacity, in Support of his Motion for Certification of this Court’s March 28 and July 25, 2018 Orders Pursuant to 28 U.S.C. § 1292(b) and for a Stay Pending Appeal, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Sept. 26, 2018) (Messitte, J.), ECF No. 134, 2018 WL 4859818, 2018 U.S. Dist. Ct. Motions LEXIS 61.
OPINION: The District of Columbia & The State of Maryland v. Donald J. Trump, in his official capacity as President of the United States, Civ. A. No. 8:17-cv-01596-PJM, 2018 WL 5728678, 2018 U.S. Dist. LEXIS 187785, 344 F. Supp. 3d 828 (D. Md. Nov. 2, 2018) (Messitte, J.), ECF No. 135 (denying DOJ interlocutory appeal, and ordering DOJ to file a discovery schedule by Nov. 22, 2018), <http://guptawessler.com/wp-content/uploads/2018/11/135-opinion.pdf>.
Plaintiffs’ Proposed Discovery Schedule, ECF No. 138, Nov. 21, 2018.
Plaintiffs’ Opp’n to President Trump’s Motion for Certification of this Court’s March 28 and July 25, 2018 Orders for Interlocutory Appeal and for a Stay Pending Appeal, DC & MD v. Trump, Civil Action No. 8:17-cv-01596-PJM (D. Md. Sept. 17, 2018) (Messitte, J.), ECF No. 133, 2018 WL 4464964, 2018 U.S. Dist. Ct. Motions LEXIS 60.
Reply of the President, in his Official Capacity, in Support of his Motion for Certification of this Court’s March 28 and July 25, 2018 Orders Pursuant to 28 U.S.C. § 1292(b) and for a Stay Pending Appeal, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Sept. 26, 2018) (Messitte, J.), ECF No. 134, 2018 WL 4859818, 2018 U.S. Dist. Ct. Motions LEXIS 61.
OPINION: The District of Columbia & The State of Maryland v. Donald J. Trump, in his official capacity as President of the United States, Civ. A. No. 8:17-cv-01596-PJM, 2018 WL 5728678, 2018 U.S. Dist. LEXIS 187785, 344 F. Supp. 3d 828 (D. Md. Nov. 2, 2018) (Messitte, J.), ECF No. 135 (denying DOJ interlocutory appeal, and ordering DOJ to file a discovery schedule by Nov. 22, 2018), <http://guptawessler.com/wp-content/uploads/2018/11/135-opinion.pdf>.
Plaintiffs’ Proposed Discovery Schedule, ECF No. 138, Nov. 21, 2018.
Defendant’s
(DOJ’s) Response to Plaintiffs’ Proposed Discovery Schedule, ECF No. 141, Nov.
30, 2018.
Plaintiffs’
Reply to Defendant’s (DOJ’s) Response to Plaintiffs' Proposed Discovery
Schedule, ECF No. 142, Dec. 2, 2018.
President
Trump’s (in his Individual Capacity) Request for a Status Conference, ECF No.
143, Dec. 3, 2018.
Scheduling
Order Regarding Discovery, ECF No. 145, Dec. 3, 2018.
Petition
for a Writ of Mandamus to the United States District Court for the District of
Maryland and Motion for Stay of District Court Proceedings Pending Mandamus, In
re Donald J. Trump (DC & MD v. Trump), in his official capacity as
President of the United States, No. 18-2486 (4th Cir. Dec. 17, 2018) (official
capacity claim only) (cross filed in District Court ECF No. 151-1), 2018 U.S.
4th Cir. Briefs LEXIS 2, 2018 WL 6735981.
Respondents’[-Plaintiffs’]
Opposition to Motion for Stay of District Court Proceedings Pending Mandamus,
In re Trump (DC & MD v. Trump), No. 18-2486 (4th Cir. Dec. 20, 2018)
(official capacity claim only), 2018 U.S. 4th Cir. Briefs LEXIS 3, 2018 WL
6839635.
Order,
In re Donald J. Trump (DC & MD v. Trump), App. No. 18-2486 (4th Cir. Dec.
20, 2018) (granting stay of district court proceedings and ordering oral
argument during March 19-21, 2019) (official capacity claim). See immediately
below.
Case
calendared on Jan. 28, 2019 for oral argument: March 19, 2019, 9:30 AM, App.
No. 18-2486 (official capacity claim).
Briefing
Schedule Order, In re Donald J. Trump (DC & MD v. Trump), No. 18-2486 (4th
Cir. Dec. 20, 2018) (briefing schedule: as subsequently modified—no opening
brief; February 6, 2019; and, February 21, 2019) (official capacity claim).
Motion
for a Stay of Briefing in light of Lapse of Appropriations, In re Donald J.
Trump (DC & MD v. Trump), No. 18-2486 (4th Cir. Dec. 26, 2018) (official
capacity claim only).
Order,
Granting Suspension of Briefing Schedule, In re Donald J. Trump (DC & MD v.
Trump), No. 18-2486 (4th Cir. Dec. 26, 2018) (official capacity claim only).
Order,
Jan. 10, 2019, new briefing schedule announced.
Petitioner’s-Defendant’s
(DOJ’s) Merits Brief in Support of Petition Seeking Mandamus and Stay of
Discovery, In re Trump (DC & MD v. Trump), No. 18-2486 (4th Cir.) (official
capacity claim): No opening brief: just mandamus petition. See 2018 U.S. 4th
Cir. Briefs LEXIS 2, 2018 WL 6735981 (cross filed in District Court ECF No.
151-1).
Amicus
Brief of Scholar Seth Barrett Tillman and the Judicial Education Project in
Support of Petitioner, In re Donald J. Trump, in his official capacity, App.
No. 18-2486 (4th Cir. Jan. 29, 2019) (filed by Josh Blackman et al.), ECF No.
28-1, 2019 WL 366219, 2018 U.S. 4th Cir. Briefs LEXIS 11, <https://ssrn.com/abstract=3314703> (official
capacity claim).
Brief
of Amici Curiae Professor Clark D. Cunningham and Professor Jesse Egbert on
Behalf of Neither Party, In re Trump (DC & MD v. Trump), No. 18-2486 (4th
Cir. Jan. 29, 2019) (official capacity claim only), 2019 WL 366218, 2019 U.S.
4th Cir. Briefs LEXIS 2.
Respondents’
[Plaintiffs’] [Merits] Brief in Opposition to Petition for Writ of Mandamus, In
re Donald J. Trump, President of the United States of America, in his official
capacity, App. No. 18-2486 (4th Cir. Feb. 6, 2019) (official capacity claim),
2019 WL 481721, 2019 U.S. 4th Cir. Briefs LEXIS 5, Doc. No. 35 (discussing OIG Report), <http://oag.dc.gov/sites/default/files/2019-02/Emoluments-Respondents-Brief-Opposition-Mandamus.pdf>.
Brief
of Former National Security Officials as Amici Curiae in Support of
Respondents, In re Donald J. Trump (DC & MD v. Trump), App. No. 18-2486
(4th Cir. Feb. 13, 2019), Doc. No. 38-1, 2019 WL 654722, 2019 U.S. 4th Cir.
Briefs LEXIS 6 (official capacity claim only).
Amicus
Brief of the Commonwealth of Virginia in Support of Respondents[-Plaintiffs] at
8 n.5, 9 n.7, 16 n.12, In re Donald J. Trump (DC & MD v. Trump), App. No.
18-2486 (4th Cir. Feb. 13, 2019), Doc. No. 39-1, 2019 WL 654723, 2019 U.S. 4th
Cir. Briefs LEXIS 8 (official capacity claim only) (citing Teachout/Tillman in
Interactive Constitution).
Brief
of the Niskanen Center, Republican Women for Progress, Cheri Jacobus, Tom
Coleman, Emil H. Frankel, and Joel Searby as Amici Curiae in Support of Respondents,
In re Donald J. Trump (DC & MD v. Trump), App. No. 18-2486 (4th Cir. Feb.
13, 2019), Doc. No. 40-1, 2019 WL 634460, 2019 U.S. 4th Cir. Briefs LEXIS 7
(official capacity claim only).
Brief
of Amici Curiae Administrative Law, Constitutional Law, and Federal Courts
Scholars in Support of Respondents and in Opposition to Petition for Writ of
Mandamus, In re Donald J. Trump (DC & MD v. Trump), App. No. 18-2486 (4th
Cir. Feb. 13, 2019), Doc. No. 41-2, 2019 WL 634461, 2019 U.S. 4th Cir. Briefs
LEXIS 9 (official capacity claim only).
Brief
for Amici Curiae Certain Legal Historians in Support of Plaintffs-Appellees and
in Opposition to Petition for Writ of Mandamus, In re Donald J. Trump (DC &
MD v. Trump), App. No. 18-2486 (4th Cir. Feb. 13, 2019), Doc. No. 42-1, 2019 WL
634462, 2019 U.S. 4th Cir. Briefs LEXIS 10 (official capacity claim only).
Reply
Brief for Petitioner, In re Donald J. Trump, in his official capacity, App. No.
18-2486 (4th Cir. Feb. 21, 2019), Doc. No. 50, 2019 WL 913478, 2019 U.S. 4th
Cir. Briefs LEXIS 13 (citing Tillman’s 4th Circuit INDIVIDUAL capacity amicus
brief).
Motion
of Amici Curiae Scholar Seth Barrett Tillman and the Judicial Education Project
For Leave to Participate in Oral Arguments, In re Donald J. Trump, and DC &
MD v. Trump, App. Nos. 18-2486, [18-2488] (4th Cir. Feb. 27, 2019), ECF No. 52,
2019 WL 979106, 2019 LEXIS __, <https://ssrn.com/abstract=3340961>
(official capacity only) (subsequently DENIED).
Oral
Argument during March 19, 2019, 9:30 AM (4th Cir.) (official capacity claim
only)
OPINION:
In re Trump (DC & MD v. Trump), [App.] No. __, 2019 WL _______, 2019 LEXIS
_______, ___ F.3d ____ (4th Cir. forth. 2019), ECF No. __ (emergency motion in
regard to official capacity orders).
Petition
for Writ of Certiorari filed by non-prevailing party before 4th Circuit (forth.
2019).
Opposition
to Petition for Writ (forth. 2019).
Reply
in support of Petition for Writ (forth. 2019).
OPINION/ORDER:
Supreme Court in regard to petition seeking a writ of certiorari, [file] No.
__, __ U.S. ____(forth. 2019-2020).
Oral
argument before Supreme Court (forth. 2019-2020).
OPINION:
Supreme Court on the emergency motion, [file] No. __, __ U.S. ____ (forth.
2019-2020).
DOJ’s
Opp’n Brief (in an official capacity) to Plaintiffs’ Rule 15 motion was not
filed. See Statement of Interest filed Mar. 26, 2018.
Plaintiffs’
Reply Brief to DOJ’s Statement of Interest filed March 29, 2018, ECF No. 104,
and promising a further reply after the President’s personal attorneys file.
Defendant
Trump’s (in an individual capacity) motion to file a brief and participate in
oral argument (filed April 26, 2018), ECF No. 110.
Memorandum
in Support of Motion to Dismiss on Behalf of Defendant in his Individual
Capacity, District of Columbia & State of Maryland v. Donald J. Trump, in
his official capacity as President of the United States and in his individual
capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 1, 2018) (Messitte, J.)
(filed by Consovoy McCarthy Park PLLC), ECF No. 112-1, 2018 WL 2046401
(motion), 2018 WL 2084199 (memo), 2018 U.S. Dist. Ct. Motions LEXIS 31.
Brief
for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici
Curiae in Support of Neither Party with Respect to Motion to Dismiss on Behalf
of Defendant in his Individual Capacity, District of Columbia & State of
Maryland v. Donald J. Trump, in his official capacity as President of the United
States of America, and in his individual capacity, Civ. A. No.
8:17-cv-01596-PJM (D. Md. May 8, 2018) (Messitte, J.) (filed by Josh Blackman
et al.), ECF No. 114, 2018 WL 2159867, 2018 U.S. Dist. Ct. Motions LEXIS 32, <https://ssrn.com/abstract=3174268>.
Memorandum
of Law in Support of Plaintffs’ Opposition to Motion to Dismiss of Defendant in
his Individual Capacity, District of Columbia & State of Maryland v. Donald
J. Trump, in his official capacity as President of the United States of
America, and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md.
May 18, 2018) (Messitte, J.), ECF No. 117, 2018 WL 2321736, 2018 U.S. Dist. Ct.
Motions LEXIS 47.
Reply
[Brief] in Support of Motion to Dismiss on Behalf of Defendant in his
Individual Capacity, District of Columbia & State of Maryland v. Donald J.
Trump, in his official capacity as President of the United States of America,
and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 25,
2018) (Messitte, J.) (filed by Consovoy McCarthy Park PLLC), ECF No. 118, 2018
WL 2761577, 2018 U.S. Dist. Ct. Motions LEXIS 48.
No
oral argument has been held or scheduled on the Individual Capacity Defendant’s motion to
dismiss. Nor was the Individual Capacity Defendant permitted to participate in
the oral argument involving the Official Capacity Defendant’s motion to
dismiss.
Plaintiffs’
Notice of Voluntary Dismissal of Donald J. Trump, in his Individual Capacity
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), DC & MD v. Trump, Civil Action
No. 8:17-cv-01596-PJM (D. Md. Dec. 19, 2018), ECF No. 154 (effectively
Plaintiffs’ Opposition to the Individual Capacity Defendant’s (Trump’s) motion
to stay discovery), 2018 WL 7139518.
Plaintiffs’
Suggestion of Mootness Regarding Defendant’s Stay Motion, DC & MD v. Trump,
Civil Action No. 8:17-cv-01596-PJM (D. Md. Dec. 19, 2018), ECF No. 155, 2018 WL
7139519.
OPINION:
DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM, 2018 WL _______, 2018
LEXIS __, ___ F. Supp. 3d ____ (D. Md. forth. 2019-2020) (Messitte, J.), ECF
No. __ (relating to third oral argument and individual capacity claims).
Notice
of Appeal of Defendant Donald J. Trump, in his individual capacity, DC & MD
v. Trump, No. 8:17-cv-01596-PJM (D. Md. Dec. 14, 2018) (Messitte, J.) (filed by
Consovoy McCarthy Park PLLC), ECF No. 147.
Motion
to Stay Pending Appeal on Behalf of Defendant in his Individual Capacity, DC
& MD v. Trump, Civ. A. No. 8:17-cv-1596-PJM (D. Md. Dec. 14, 2018)
(Messitte, J.) (filed by Consovoy McCarthy Park PLLC), ECF No. 148, 2018 WL
6735437, 2018 U.S. Dist. Ct. Motions LEXIS 381.
Order,
DC & MD v. Trump, No. 8:17-cv-1596-PJM (D. Md. Dec. 14, 2018) (Messitte,
J), ECF No. 149 (expedited briefing schedule on Individual Capacity Defendant’s
Motion to Stay).
Order,
DC & MD v. Trump, No. 8:17-cv-1596-PJM (D. Md. Dec. 17, 2018) (Messitte,
J), ECF No. 150 (expedited briefing schedule to address dismissal without
prejudice).
Notice
(from the President in his official capacity), DC & MD v. Trump, No.
8:17-cv-1596-PJM (D. Md. Dec. 17, 2018) (Messitte, J), ECF No. 151 (filed by
DOJ) (notifying the court that a mandamus petition will be filed with the
Fourth Circuit shortly); ECF No. 151-1 (proposed mandamus petition filed as an
appendix).
Plaintiffs’
Notice of Voluntary Dismissal of Donald J. Trump, in his Individual Capacity
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), DC & MD v. Trump, Civil Action
No. 8:17-cv-01596-PJM (D. Md. Dec. 19, 2018), ECF No. 154 (effectively
Plaintiffs’ Opposition to the Individual Capacity Defendant’s (Trump’s) motion
to stay discovery), 2018 WL 7139518
Plaintiffs’
Suggestion of Mootness Regarding Defendant’s Stay Motion, DC & MD v. Trump,
Civil Action No. 8:17-cv-01596-PJM (D. Md. Dec. 19, 2018), ECF No. 155, 2018 WL
7139519.
Reply
in Support of Motion to Stay Pending Appeal on Behalf of Defendant [Trump] in
his Individual Capacity, DC & MD v. Trump, Civ. A. No. 8:17-cv-1596-PJM (D.
Md. Dec. 21, 2018) (Messitte, J.), ECF No. 158, 2018 WL 6839634, 2018 U.S.
Dist. Ct. Motions LEXIS 1140.
Order, ECF No. 162 (Apr. 11, 2019) (dismissing as moot the Individual Capacity Defendant's motion to stay discovery pending appeal, ECF No. 148).
Order, ECF No. 162 (Apr. 11, 2019) (dismissing as moot the Individual Capacity Defendant's motion to stay discovery pending appeal, ECF No. 148).
OPINION:
DC & MD v. Trump (individual capacity defendant), Civ. A. No.
8:17-cv-01596-PJM, 201_ WL _______, 201_ LEXIS __, ___ F. Supp. 3d ____ (D. Md.
forth. 2019-2020) (Messitte, J.), ECF No. ___.
[Individual-Capacity-Defendant’s-Appellant’s]
Motion to Consolidate [with App. No. 18-2486], App. No. 18-2488, DC & MD v.
Trump (4th Cir. Dec. 28, 2018), 2018 WL 6839636.
[Plaintffs’-Appellees’]
District of Columbia and Maryland’s Opposition to Motion to Consolidate [with
App. No. 18-2486], App. No. 18-2488, DC & MD v. Trump (4th Cir. Jan. 4,
2019), 2019 WL 355579.
Order,
Jan. 10, 2019, motion to consolidate denied.
[Plaintiffs’-Appellees’]
Docketing Statement Objection, App. No. 18-2488, DC & MD v. Trump (4th Cir.
Jan. 7, 2019).
[Plaintiffs’-Appellees’]
Motion to Dismiss the [Individual Capacity] Appeal, App. No. 18-2488, DC &
MD v. Trump (4th Cir. Jan. 4, 2019), 2019 WL 411727, 2019 U.S. 4th Cir. Motions
LEXIS 1.
[Individual
Capacity Defendant’s-Appellant’s] Opposition to Appellees’ Motion to Dismiss
Appeal, DC & MD v. Trump, App. No. 18-2488 (4th Cir. Jan. 14, 2019), 2019
WL 225431, 2019 U.S. 4th Cir. Motions LEXIS 2.
[Plaintiffs’-Appellees’]
Reply in Support of Motion to Dismiss the [Individual Capacity] Appeal, DC
& MD v. Trump, App. No. 18-2488 (4th Cir. Jan. 22, 2019), ECF No. 24, 2019
WL 359540, 2019 U.S. 4th Cir. Motions LEXIS 3.
Order,
Jan. 10, 2019, motion to dismiss the appeal, functionally denied, as decision
is deferred until oral argument.
Order,
Jan. 10, 2019: new briefing schedule.
Appellant’s
[Defendant’s] Opening Brief, DC & MD v. Trump, App. No. 18-2488 (4th Cir.
Jan. 24, 2019) (individual capacity claim only), Dkt. No. 26, 2019 U.S. 4th
Cir. Briefs LEXIS 1, 2019 WL 359541.
Amicus
Brief of Scholar Seth Barrett Tillman and the Judicial Education Project in
Support of Defendant-Appellant, District of Columbia and State of Maryland v.
Donald J. Trump, in his individual capacity, App. No. 18-2488 (4th Cir. Jan.
31, 2019) (filed by Josh Blackman et al.), ECF No. 31-1, 2019 WL 411728, 2019
U.S. 4th Cir. Briefs LEXIS 3, <https://ssrn.com/abstract=3314702>
(individual capacity) (discussing OIG Report).
Brief
of Appellees, DC & MD v. Trump, in his individual capacity, App. No.
18-2488 (4th Cir. Feb. 14, 2019), Doc. No. 38, 2019 WL 646159, 2019 U.S. 4th
Cir. Briefs LEXIS 11.
Amicus
Brief of 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 Supporting Appellees and Affirmance,
DC & MD v. Trump, App. No. 18-2488 (4th Cir. Feb. 13, 2019) (individual
capacity claim only), Doc. No. 36-1, 2019 WL 654727, 2019 U.S. 4th Cir. Briefs
LEXIS 12 (filed 8 days ahead of deadline).
Appellant’s
Reply Brief at 24, DC & MD v. Trump, in his individual capacity, App. No.
18-2488 (4th Cir. Feb. 21, 2019), Doc. No. 41, 2019 WL 913479, 2019, 2019 U.S.
4th Cir. Briefs LEXIS 14 (citing Tillman’s 4th Circuit individual capacity
amicus brief).
Motion
of Amici Curiae Scholar Seth Barrett Tillman and the Judicial Education Project
For Leave to Participate in Oral Arguments, In re Donald J. Trump, and DC &
MD v. Trump, App. Nos. [18-2486], 18-2488 (4th Cir. Feb. 27, 2019), ECF No. 43,
2019 WL 979106, 2019 LEXIS __, <https://ssrn.com/abstract=3340961>,
(individual capacity only) (subsequently DENIED).
Oral
Argument will be on March 19, 2019, 9:30 AM (4th Cir.) (individual capacity
claim only) (Niemeyer, Quattlebaum, and Shedd (senior), JJ.) App. No. 18-2488.
Case
calendared on Jan. 28, 2019 for oral argument: March 19, 2019, 9:30 AM, App.
No. 18-2488 (individual capacity claim).
OPINION:
DC & MD v. Trump (individual capacity appeal), [App.] No. 18-2488, 2019 WL
_______, 2019 LEXIS _______, ___ F.3d ____ (4th Cir. forth. 2019), ECF No. __.
Petition
for Writ of Certiorari filed by non-prevailing party before 4th Circuit (forth.
2019-2020).
Opposition
to Petition for Writ (forth. 2019-2020).
Reply
in support of Petition for Writ (forth. 2019-2020).
OPINION/ORDER:
Supreme Court in regard to petition seeking a writ of certiorari, [file] No.
__, __ U.S. ____ (forth. 2019-2020).
Oral
argument before Supreme Court (forth. 2019-2020).
OPINION: Supreme Court on the merits, [file] No. __, __ U.S. ____ (forth. 2020-2021).
OPINION: Supreme Court on the merits, [file] No. __, __ U.S. ____ (forth. 2020-2021).
Unfair Competition Case Against Trump-related commercial
entities
K&D,
LLC v. Trump Old Post Office, LLC & Donald J. Trump,
Civ. A. No. 17-731 (RJL), 2018 WL 6173449, 2018 U.S. Dist. LEXIS 199675, ___ F. Supp. 3d ____ (D.D.C. Nov. 26, 2018) (Leon, J.)
(dismissing plaintiff’s unfair competition action), <https://assets.documentcloud.org/documents/5280591/11-26-18-Cork-Trump-Opinion.pdf>, appeal filed.
Twitter
Litigation
Knight First
Amendment Inst. at Columbia Univ. v. Trump, Civ. A. No. 17-cv-5205 (NRB),
2018 WL 2327290, 2018 U.S. Dist. LEXIS 87432, 302 F. Supp. 3d 541 (S.D.N.Y. May 23, 2018) (Buchwald, J.), <https://knightcolumbia.org/sites/default/files/content/Cases/Wikimedia/2018.05.23%20Order%20on%20motions%20for%20summary%20judgment.pdf>.
Mueller Investigation
Petition for Panel Rehearing and Rehearing En Banc with Suggestion of Mootness at 8 n.6, In re Grand Jury Investigation, Andrew Miller v. United States of America, App. No. 18-3052 (D.C. Cir. Apr. 12, 2019) (filed by Paul D. Kamenar, Esq.) (citing Tillman & Blackman’s Lawfare publication), 2019 WL 1597037, Trans. ID# 1782753, <https://www.documentcloud.org/documents/5838530-Appellate-filing-in-Andrew-Miller-challenge-to.html>, <https://www.scribd.com/document/406081000/Miller-Petition-for-Rehearing-and-Mootness-18-3052#from_embed>, <https://nlpc.org/2019/04/12/rehearing-sought-in-constitutional-challenge-to-mueller/>.
Non-litigation Sources Published after the first filing in CREW v. Trump or otherwise relevant
Mueller Investigation
Seth Barrett
Tillman & Josh Blackman, Is Robert
Mueller an “Officer of the United States” or an “Employee of the United
States”?, Lawfare: Hard National
Security Choices (July 23, 2018, 2:50 PM), https://tinyurl.com/y9kmvn46,
http://ssrn.com/abstract=3214158.
Petition for Panel Rehearing and Rehearing En Banc with Suggestion of Mootness at 8 n.6, In re Grand Jury Investigation, Andrew Miller v. United States of America, App. No. 18-3052 (D.C. Cir. Apr. 12, 2019) (filed by Paul D. Kamenar, Esq.) (citing Tillman & Blackman’s Lawfare publication), 2019 WL 1597037, Trans. ID# 1782753, <https://www.documentcloud.org/documents/5838530-Appellate-filing-in-Andrew-Miller-challenge-to.html>, <https://www.scribd.com/document/406081000/Miller-Petition-for-Rehearing-and-Mootness-18-3052#from_embed>, <https://nlpc.org/2019/04/12/rehearing-sought-in-constitutional-challenge-to-mueller/>.
Non-litigation Sources Published after the first filing in CREW v. Trump or otherwise relevant
The Emoluments Clauses of the U.S. Constitution, CRS Report: In Focus, IF11086, Jan 30, 2019, <https://fas.org/sgp/crs/misc/IF11086.pdf>;
Josh Blackman & Seth Barrett Tillman, Who was right about the Emoluments Clauses? Judge Messitte or President Washington?, Volokh Conspiracy (Aug. 3, 2018, 3:17 PM), https://reason.com/volokh/2018/08/03/who-was-right-about-the-emoluments-claus, https://ssrn.com/abstract=3225939.
Josh Blackman, Defiance and Surrender, 59 S. Tex. L. Rev. 157 (2018), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3187631.
Josh Blackman & Seth Barrett Tillman, Who was right about the Emoluments Clauses? Judge Messitte or President Washington?, Volokh Conspiracy (Aug. 3, 2018, 3:17 PM), https://reason.com/volokh/2018/08/03/who-was-right-about-the-emoluments-claus, https://ssrn.com/abstract=3225939.
Josh Blackman, Defiance and Surrender, 59 S. Tex. L. Rev. 157 (2018), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3187631.
Seth
Barrett Tillman, The Foreign Emoluments Clause—Where the Bodies are Buried:
“Idiosyncratic” Legal Positions, 59 S. Tex. L. Rev. 237 (2018) (invited symposium contribution), https://ssrn.com/abstract=3096986.
Josh Blackman & Seth Barrett Tillman, Opinion Editorial, The
‘Resistance’ vs. George Washington, Wall Street Journal, Oct. 15, 2017, at
A17, https://www.wsj.com/articles/the-resistance-vs-george-washington-1508105637,
http://archive.is/QPO2N.
Josh Blackman & Seth Barrett Tillman, Opinion Editorial, Yes, Trump Can Accept Gifts, NY Times, July 13, 2017, http://ssrn.com/abstract=2999976, http://tinyurl.com/ycqa26bs.
Josh Blackman & Seth Barrett Tillman, The Emoluments Clauses
Litigation, Part 8: There is no cause of action for a suit against the
President in his individual capacity for purported violations of the Emoluments
Clauses, Reason—The Volokh Conspiracy (Feb. 8,
2018, 3:04 PM), http://reason.com/volokh/2018/02/08/the-emoluments-clauses-litigation-part-8.
Josh Blackman & Seth Barrett Tillman, The Emoluments Clauses
Litigation, Part 7: The President’s Acceptance or Receipt of Profits is not
“Executive Action,” Reason—The Volokh Conspiracy (Feb. 7, 2018,
11:26 AM), http://reason.com/volokh/2018/02/07/the-emoluments-clauses-litigation-part-7.
Josh Blackman & Seth Barrett Tillman, The Emoluments Clauses
Litigation, Part 6: Are the Claims Against the President in his Official or
Individual Capacity?, Reason—The Volokh Conspiracy (Feb. 6, 2018, 11:30
AM), http://reason.com/volokh/2018/02/06/the-emoluments-clauses-litigation-part-6.
Josh
Blackman & Seth Barrett Tillman, 5-Part Series, The Emoluments Clauses
Litigation, The Washington Post—Volokh Conspiracy (Sept. 25–Oct. 1, 2017):
Problems
with the Complaints in CREW v. Trump, Part 5–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/10/01/the-emoluments-clauses-litigation-part-5-problems-with-the-complaints-in-crew-v-trump/?utm_term=.fa9685cda3f6.
An
Emolument is the “profit derived from a discharge of the duties of the office,” Part 4–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/29/the-emoluments-clauses-litigation-part-4-an-emolument-is-the-profit-derived-from-a-discharge-of-the-duties-of-the-office/?utm_term=.1cfd0d5fd6d6.
So what
if the president does not hold ‘Office … under the United States,’? Part 3–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/28/the-emoluments-clauses-litigation-part-3-so-what-if-the-president-does-not-hold-office-under-the-united-states/?utm_term=.847b995fd071.
The
Practices of the early presidents, the first Congress and Alexander Hamilton, Part 2–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/26/the-emoluments-clauses-litigation-part-2-the-practices-of-the-early-presidents-the-first-congress-and-alexander-hamilton/?utm_term=.57a8ae2776f6.
The
Constitution’s taxonomy of officers and offices, Part 1–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/25/the-emoluments-clauses-litigation-part-1-the-constitutions-taxonomy-of-officers-and-offices/?utm_term=.7b840bb24101.
Seth
Barrett Tillman, The Emoluments Clauses Lawsuits’s Weak Link: The Official
Capacity Issue, Yale J. on Reg.: Notice & Comment (Aug. 15, 2017), http://tinyurl.com/y9g2v6xf.
Seth
Barrett Tillman, Room for Debate, Constitutional Restrictions on Foreign
Gifts Don’t Apply to Presidents, The NY Times, Nov. 18, 2016, 10:41 AM, http://tinyurl.com/jpbhom5.
-----
Seth
Barrett Tillman, A Work in Progress: Select
Bibliography of Court filings and Other Sources Regarding the Foreign and
Domestic Emoluments Clauses Cases, New Reform Club (Feb. 28, 2018, 8:59
AM), <https://reformclub.blogspot.com/2018/02/a-work-in-progress-select-bibliography.html>, <https://tinyurl.com/ybg5dg6u>.
