“This life is slow suicide, unless you read.”Herman Wouk

Tuesday, July 23, 2019

Status of the 3 Emoluments Clauses Cases Against the President


Today is 38 weeks (over 8 months) since oral argument in CREW v. Trump (2d Circuit). A baby goes from conception to birth in that amount of time.
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@SethBTillman
Of the 3 Emoluments Clause cases, CREW v Trump has the simplest posture of the 3 lawsuits--a direct appeal of a grant of a motion to dismiss. There is no Section 1292 motion for interlocutory review. There are no ancillary discovery orders.
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This is the oldest of the 3 cases--filed in January 2017, on the first full business day of the new President's administration. The other 2 Emoluments Clauses cases were filed 5 months later.
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It has no individual capacity claim, but only an official capacity claim. By contrast, the 4th Circuit case (DC & MD v Trump) had both an official capacity claim and an individual capacity claim. Yet that case (4th Circuit case) was decided by the panel in under 4 months, and ...
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@SethBTillman
... this case (2d Circuit case) remains undecided after more than 8 months! Finally, the median time between oral argument and a decision in a 2d Circuit civil case is 7/10ths of a month. Yet no decision has emerged.
There will come a point where people (other than me) will notice that this situation does not reflect so well on the federal courts--which are fully funded & resourced. If there is a problem, it starts & ends with those in charge.
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Seth Barrett Tillman, Status of the 3 Emoluments Clauses Cases Against the President, New Reform Club (July 23, 2019, 7:42 AM), <https://reformclub.blogspot.com/2019/07/status-of-3-emoluments-clauses-cases.html>.

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