A federal appeals court has just overturned a lower court that had ruled in favor of President Donald Trump in an emoluments case brought on behalf of business owners who allege unfair competition.
A district court had thrown out the case, claiming the plaintiffs did not have standing. In a 2-1 decision the Second Circuit Court of Appeals tossed that ruling, saying the business owners did have standing. The case is to be retried.
“We conclude that the district court did not apply the law correctly in finding that it lacked jurisdiction to decide the case,” the majority opinion in the ruling states.
Trump will now be forced to re-defend his case and his actions.
The case was originally brought by the watchdog activist group Citizens for Responsibility and Ethics in Washington (CREW), Restaurant Opportunities Centers United, and two individual plaintiffs.
BREAKING NEWS: WE JUST WON OUR APPEAL IN THE EMOLUMENTS CASE IN NEW YORK!
SO MUCH MORE TO COME.
— Citizens for Ethics (@CREWcrew) September 13, 2019
“This puts a lawsuit over the president’s profits from his private businesses back in action, and offers another chance for the details of Trump’s businesses to be revealed in court,” Law.com notes.
NEW: The 2nd Circuit has revived @CREWcrew's emoluments clause lawsuit against Trump — a district court judge had dismissed the case for lack of standing, it's now back on https://t.co/OC5aB8VjRA pic.twitter.com/Pvjggy9AiZ
— Zoe Tillman (@ZoeTillman) September 13, 2019
This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.
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