Emoluments
Members of Congress Emoluments Case
Major Issue: Whether Members of Congress can secure judicial enforcement of the foreign emoluments clause in the Constitution.
Case Status: Complete. Case to be dismissed on remand.
Case Description: On June 14, 2017, about 200 members of Congress led by Sen. Richard Blumenthal filed suit in D.C. federal district court to stop President Trump from accepting any payment or other benefit from a foreign government during his tenure in office, without obtaining advance approval by Congress. This suit is one of three different lawsuits alleging violations by President Trump of the foreign and domestic emolument clauses in the Constitution; the other two were filed by state attorneys general and by private parties. In the suit brought by Members of Congress, the district court issued three rulings on novel issues, all of which advanced the lawsuit. An interlocutory appeal of those rulings was then filed.
Procedural Posture: D.C. District Judge Emmet G. Sullivan was assigned to the emoluments case brought by the Members of Congress, Case No. 17-cv-1154. Over the course of two years, the district court issued three opinions finding that the Members of Congress had standing to bring the suit and stated a claim, defining the term “emolument,” and denying the President’s motion to dismiss or stay the case. The district court also initially denied the President’s motion for an immediate appeal of those rulings, and authorized an abbreviated period of discovery. After the D.C. Circuit court found that the district court had abused its discretion in denying an immediate appeal of the legal issues and remanded the case for further proceedings, the district court halted discovery and approved an interlocutory appeal. On Feb. 7, 2020, a D.C. Circuit 3-judge panel ruled, 3-0, that the Members of Congress lacked standing to bring the case and remanded it to the district court to be dismissed. In July, Members of Congress filed a petition requesting Supreme Court review, but on Oct. 13, without explanation, the Supreme Court denied the petition.
District Court Proceedings
On June 14, 2017, about 200 members of Congress led by Sen. Richard Blumenthal filed suit in D.C. federal district court to stop President Trump from accepting any payment or other benefit from a foreign government during his tenure in office, without obtaining advance approval by Congress. On Sept. 28, 2018, the district court held that the Members of Congress had standing to bring the suit. Blumenthal v. Trump, 335 F. Supp. 3d 45 (D.D.C. 2018). On April 30, 2019, the district court issued an opinion which defined the term “emolument,” held that Members of Congress had stated a claim, and denied the President’s motion to dismiss. Blumenthal v. Trump, 373 F. Supp. 3d 191 (D.D.C. 2019). On June 25, 2019, the court denied a Trump motion for a stay and immediate interlocutory appeal of the court’s rulings. The court also authorized Members of Congress to conduct an abbreviated period of discovery. Blumenthal v. Trump, 382 F. Supp. 3d 77 (D.D.C. 2019).
After the D.C. Circuit Court of Appeals issued a stay, ruled that the court had abused its discretion by denying the interlocutory appeal, and remanded the case, the district court halted discovery – including staying 37 subpoenas – and authorized an immediate appeal.
- 2017 Members of Congress Complaint (6-14-2017) (46 pages)
- 2018 District Court Opinion on standing (9-28-2018) (52 pages)
- Key Excerpts from 2018 District Court Opinion on standing (3 pages)
- 2019 District Court Opinion on stating a claim, defining “emolument,” and denying motion to dismiss (4-30-2019) (48 pages)
- Key Excerpts from 2019 District Court Opinion on stating a claim (3 pages)
- 2019 Second Amended Complaint (6-20-2019) (59 pages)
- 2019 District Court Opinion denying interlocutory appeal and allowing discovery (6-25-2019) (12 pages)
- 2019 District Court Opinion allowing interlocutory appeal and halting discovery (8-21-2019) (8 pages)
Appeals Court Proceedings
A D.C. Circuit 3-judge panel, with Judges Millett, Pillard and Wilkins, was assigned to Case No. 19-5196. On July 19, 2019, the panel issued a 2-page opinion holding that the district court had abused its discretion by denying an interlocutory appeal before approving discovery in the case. The panel denied a petition for mandamus, but stayed discovery and remanded the case to the district court for further proceedings. In re Donald J. Trump, No. 19-5196 (D.C. Cir. July 19, 2019). Once the district court halted discovery and authorized an interlocutory appeal, a different 3-judge panel, with Judges Griffith, Henderson, and Tatel, was assigned to Case No. 19-5237. That panel held oral argument on Dec. 9, 2019. Multiple amicus briefs were filed. On Feb. 7, 2020, the panel found that the Members of Congress lacked standing to bring the case and remanded it to the district court to be dismissed. Blumenthal v. Trump, No. 19-5237, 2020 WL 593891 (D.C. Cir. Feb. 7, 2020).
- 2019 Appeals Court Opinion, per curiam, denying mandamus, remanding case, and recommending interlocutory appeal (7-19-2019) (2 pages)
- 2019 Trump brief supporting appeal (10-1-2019) (61 pages)
- 2019 Members of Congress brief opposing appeal (10-22-2019) (105 pages)
- 2020 Appeal Court Opinion, per curiam, holding Members of Congress lack standing to bring suit (2-7-2020) (12 pages)
- Key Excerpts from 2020 Appeals Court Opinion (3 pages)
Supreme Court Proceedings
On July 6, 2020, Members of Congress filed a petition for a writ of certiorari in the Supreme Court. President Trump, represented by the Department of Justice, opposed the petition. Five amici filed briefs. On October 13, 2020, the Supreme Court denied cert without explanation.
- 2020 Members of Congress petition for a writ of certiorari (7-6-2020)(45 pages)
- 2020 Amicus brief — Niskanen Center (8-7-2020)(22 pages)
- 2020 Amicus brief — Bipartisan Former Members of Congress (8-10-2020)(34 pages)
- 2020 Amicus brief — Historians (8-10-2020)(33 pages)
- 2020 Amicus brief — Scholars (8-10-2020)(35 pages)
- 2020 Amicus brief — Bruff, Shane, Strauss and Verkuil (8-10-2020)(26 pages)
- 2020 President Trump opposition to cert (9-9-2020)(29 pages)
- 2020 Members of Congress reply brief supporting cert (9-22-2020)(15 pages)
- 2020 Cert denied (10-13-2020)
