NEXT STEPS AND UPCOMING DATES:
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 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 CREW v. Trump, Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y.) (Daniels, J.),
Docket with links to Blumenthal v. Trump (U.S.)
Petition for Rehearing En Banc, CREW v. Trump, App. No. 18-474 (2d Cir. Oct. 28, 2019), ECF No. 204, 2019 WL 5559095, <>.
Order, CREW v. Trump, App. No. 18-474 (2d Cir. Mar. 3, 2020), ECF No. 212 (revising majority opinion from Sept. 13, 2019—from 6 months prior) (Walker & Leval, JJ.) (Judge Droney had already retired, and so is not listed on the order). The order lists the civil action number before J Daniels at 18-474, but that was its civil action in the appellate court. Its civil action in the federal district court was: 1:17-cv-00458-GBD. I do not see this order on the Second Circuit’s website. (This order was reissued on Mar. 20, 2020, at ECF No. 213.);
CREW v. Trump, id. (Cabranes, J., dissenting from denial of en banc review), <https://tinyurl.com/y4vyx264>;
CREW v. Trump, id. at 111 n.16 (Menashi, J., and joined by Livingston & Sullivan, JJ., dissenting from denial of en banc review), <https://tinyurl.com/y4vyx264>;
CREW v. Trump, id. (Statement of John M. Walker, Senior Circuit Judge), <https://tinyurl.com/y4vyx264> (opposing denial of en banc review);
CREW v. Trump, id. (Statement of Pierre N. Leval, Senior Circuit Judge), <https://tinyurl.com/y4vyx264> (supporting denial of en banc review);
Panel Mandate (Judgment issued), CREW v. Trump, App. No. 18-474 (2d Cir. Aug. 24, 2020), ECF No. 229-1, Trans ID# 2915533, <>; ECF No. 229-2 (Leval, J., for majority); ECF No. 229-3 (Walker, J., dissenting); ECF No. 229-4 (per curiam) (correction to panel opinion following retirement of Droney J.);
[DOJ’s] Petition for Writ of Certiorari, Trump v. Citizens for Responsibility and Ethics in Washington, Sup. Ct. No. 20-330 (U.S. Sept. 14, 2020), 2020 WL 5535992, <https://tinyurl.com/y65g3edf> (on appeal from the 2d Cir);
Motion for Leave to File Brief for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae Supporting Petitioner, Trump v. Citizens for Responsibility and Ethics in Washington, Sup. Ct. No. 20-330 (U.S. Oct. 14, 2020) (filed by Josh Blackman et al.), 2020 WL 6150339, <https://ssrn.com/abstract=3690841>.
Motion for Leave to file Amicus Curiae Brief and Amicus Curiae Brief of Professor Lawrence A. Hamermesh in Support of Neither Party, Trump v. CREW, Sup. Ct. No. 20-330 (U.S. filed Oct. 14, 2020), 2020 WL 6292583, <https://tinyurl.com/y3mp622c>;
Respondents’ Opposition brief due 30 days after petition is placed on the docket. On Oct 8, Plaintiffs asked for a 60-day extension to file their opposition brief until Dec. 14, 2020. It was granted.
[Plaintiffs’] Respondents’ Brief in Opposition [to Certiorari], Trump v. CREW, No. 20-330 (U.S. Dec. 14, 2020), 2020 WL 7497885, <https://tinyurl.com/y7nyvw5l>;
Reply Brief for the Petitioner, Trump v. CREW, Sup. Ct. No. 20-330 (U.S. Dec. 23, 2020), 2020 WL 7681470, <https://tinyurl.com/yb4s3hyo>;
ORDER: Supreme Court in regard to petition seeking a writ of certiorari, Sup. Ct. No. 20-330, 2021 WL 231541, __ S. Ct. __, 592 U.S. ____ (Jan. 25, 2021), <Order List (01/25/2021) (supremecourt.gov)>: “The motion of Scholar Seth Barrett Tillman, et al. for leave to file a brief as amici curiae is granted. The motion of Professor Lawrence A. Hamermesh for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Second Circuit with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).”
Order, No. 18-474 (2d Cir. Mar. 2, 2021), ECF Nos. 240 & 241 ("On January 25, 2021, the Supreme Court issued an order in Trump, President of the United States v. Citizens for Responsibility & Ethics in Washington, No. 20-330 (U.S. Jan. 25, 2021), that vacated our prior judgment in this case, Citizens for Responsibility & Ethics in Washington v. Trump, 953 F.3d 178, 184 (2d Cir. 2019), as amended (Mar. 20, 2020), and directed this court to dismiss the case as moot. Accordingly, it is hereby ORDERED that the case is DISMISSED.");
Petition for panel rehearing or en banc reconsideration is due 45 days after March 2, 2021, which is April 16, 2021. Technically, J Daniels' Dec. 21, 2017 decision was not vacated by the March 2 order of the Second Circuit. It is not clear if Munsingwear does or should apply here.
Blumenthal v. Trump (DDC and DC Circuit):
Plaintiffs’ Supplemental Brief in Opposition to Defendant’s Motion for Certification Pursuant to 28 U.S.C. § 1292(b) and Motion for a Stay Pending Appeal, Blumenthal v. Trump, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. Aug. 5, 2019) (Sullivan, J.), ECF No. 94, 2019 WL 3690961,
Brief of Harold H. Bruff et al. as Amici Curiae Supporting Petitioners, Blumenthal v. Trump, No. 20-5 (U.S. Aug. 10, 2020), 2020 WL 4718584, <https://tinyurl.com/y394hlyp>;
Brief of Amici Curiae Scholars of Standing, Federal Jurisdiction, and Constitutional Law in Support of Certiorari, Blumenthal v. Trump, No. 20-5 (U.S. Aug. 10, 2020), 2020 WL 4718586, <https://tinyurl.com/y5ohmujr>;
Brief for Legal Historians as Amici Curiae in Support of the Petitioners, Blumenthal v. Trump, No. 20-5 (U.S. Aug. 10, 2020), 2020 WL 4730586, <https://tinyurl.com/y4nyfvzk>;
Brief of Bipartisan Former Members of Congress as Amici Curiae in Support of Petitioners, Blumenthal v. Trump, No. 20-5 (U.S. Aug. 10, 2020), 2020 WL 4718585, <https://tinyurl.com/y3x6ug9g>;
Brief for the [DOJ] Respondent in Opposition [to Petition for Certiorari], Blumenthal v. Trump, Sup. Ct. No. 20-5 (U.S. Sept. 9, 2020), 2020 WL 5517413, <https://tinyurl.com/yyhs4b9a>;
Reply Brief for Petitioners, Blumenthal v. Trump, Sup. Ct. No. 20-5 (U.S. Sept. 22, 2020), 2020 WL 5763620, <https://tinyurl.com/yxlunrbo> (distributed for conference Oct. 9, 2020);
Merits and Amici briefing for en banc review.
Motion for Leave to File Brief for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae Supporting Petitioner, In re Donald J. Trump (Trump v. District of Columbia), Sup. Ct. No. 20-331 (U.S. Oct. 14, 2020) (filed by Josh Blackman et al.), 2020 WL 2020 WL 6264498, <https://ssrn.com/abstract=3690837>.
Letter from the Clerk of the Court of the Fourth Circuit, to Plaintiffs & Defendants, In re: Donald J. Trump (App. No. 18-2486) and District of Columbia v. Trump (App. No. 20-1839) (4th Cir. Mar. 25, 2021) (“[T]he court has asked me to advise you that the court has received your correspondence and that the orders entered March 9, 2021, will remain as written.”);
Order, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM, 2021 WL ___ (D. Md. forth. circa May __, 2021) (Messitte, J.) (dismissing official capacity claim);
Plaintiffs’ Response to Individual Capacity Defendant’s Opposition to Notice of Voluntary Dismissal, DC & MD v. Trump, Case 8:17-cv-01596-PJM (D. Md. July 24, 2020), ECF No. 184, 2020 WL 4281830, <>;
Defendant’s [President Trump’s] Request for a Ruling on Plaintiffs’
Stipulation of Voluntary Dismissal [of the Individual Capacity Claim], DC &
MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. July 28, 2020), ECF No. 185,
2020 WL 4333873, <>;
Order, DC & MD v. Trump, Civil A. No. 17-1596-PJM (D. Md. July 30, 2020) (Messitte, J.) (dismissing the individual capacity claim without prejudice), ECF No. 187;
[Trump’s, in his individual capacity,] Notice of Appeal, DC & MD v. Trump, Civ. A No. 8:17-cv-01596-PJM (D. Md. July 30, 2020) (seeking a ruling on the merits on Defendant Trump’s motion to dismiss), ECF No. 188;
[Trump’s] Notice of Appeal, DC & MD v. Trump, Appellate Case No. 20-1839 (4th Cir. Aug. 4, 2020), Doc. No. 1 (individual capacity case);
Mueller InvestigationSeth 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/>, rehearing en banc denied (Apr. 29, 2019.
Non-litigation Sources Published after the first filing in CREW v. Trump or otherwise relevant:
Michael A. Foster, CRS Legislative Attorney, Testimony before Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management U.S. House of Representatives, Hearing on “Landlord and Tenant: The Trump Administration’s Oversight of the Trump International Hotel Lease” 2 n.14, 4 n.34, 5 n.47, 6 n.51 (Sept. 25, 2019, <https://transportation.house.gov/imo/media/doc/Foster%20Testimony.pdf>.
Memorandum from Chairman Eliot L. Engel to House Foreign Affairs Cmt. Majority Staff, Re: Staff Communications with Foreign Governments and the Foreign Emoluments Clause (Aug. 12, 2019), <https://foreignaffairs.house.gov/_cache/files/a/5/a59f8d09-9704-4fcb-bffb-cea1dca6374e/304763770CA171C84727CD9FF2409FBE.doc014.pdf>;
Letter from George A. Sorial, Executive Vice President and Chief Compliance Counsel for the Trump Organization, to Senator Robert Menendez (Apr. 6, 2018), <https://www.foreign.senate.gov/imo/media/doc/Trump%20Org%20response%20to%20RM%20re%20Hotel%20Foreign%20Profits.pdf>;
The Emoluments Clauses of the U.S. Constitution, CRS Report: In Focus, IF11086, Jan. 30, 2019, <https://fas.org/sgp/crs/misc/IF11086.pdf>; May 1, 2019 update; Aug. 23, 2019 update <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.
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, 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’ 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.
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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>.