NEXT STEPS AND UPCOMING DATES:
[A] CREW v. Trump (2d Cir):
On Oct 23, 2020, it will be over 3.75 years ago.
DOJ filed a petition seeking en banc 2d Circuit reconsideration on: Monday, Oct 28, 2019.
Waiting for a decision from the en banc court on the DOJ’s petition—this is not a merits decision. If the petition is DENIED, the DOJ, i.e., the non-prevailing party, will have 150 days to seek certiorari.
[B] Blumenthal v. Trump (DC Cir):
On Sept 14, 2020, it will be over 3.25 years ago.
Defendant’s-Appellant’s-DOJ’s Opposition to Petition for a Writ of Certiorari (Sup. Ct. No. 20-5) was originally due Aug 10, 2020. It is now due Sept 9, 2020 (as a result of an extension requested by the Acting SG).
Amici filings (if any) remain due Aug 10, 2020.
The en banc court, which ruled for the plaintiffs, issued their opinion on: Thursday, May 14, 2020. The Defendants, the President in his official capacity and the President in his individual capacity will have 150 days to seek certiorari: Monday, October 12, 2020.
Individual Capacity claim: The Individual Capacity Claim was dismissed, without prejudice, by Judge Messitte on July 30, 2020. Less than an hour later, Trump appealed that decision--Trump seeks dismissal on the merits.
Official Capacity claim: The 4th Circuit remanded the official capacity claim to the District Court (D Md). Afterwards, on July 9, 2020, a stay was granted by 4th Circuit in regard to district court proceedings/discovery for the official capacity claim (but not for the individual capacity claim).
DOJ filed a motion to stay discovery in regard to the official capacity claim before Judge Messitte (D Md) in DC & MD v. Trump. It was fully briefed on: July 3, 2020. This motion was arguably adjourned by the 4th Circuit’s stay.
Aug 21, 2020: 7 weeks following the close of briefing on the motion.
Aug 28, 2020: 8 weeks following the close of briefing on the motion.
Sept 11, 2020: 10 weeks following the close of briefing on the motion.
 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.)
Order (forth. 2020) (granting or denying petition to hold en banc review, and to order plaintiffs to respond to DOJ’s petition).
Merits brief on petition filed by non-prevailing party before Second Circuit (forth. 2020).
Fourth Circuit merits litigation.
Petition for a Writ of Certiorari filed by Defendants (that is the non-prevailing parties before 4th Circuit) (due Oct. 12, 2020).
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.