Appeals court tosses Democrats’ emoluments lawsuit against Trump

Washington (CNN)A federal appeals court on Friday dismissed a lawsuit by congressional Democrats alleging President Donald Trump violated the emoluments clause of the Constitution by refusing to allow lawmakers to review and approve his financial interests.

Before Friday’s ruling the lawsuit was paused just as Democrats began subpoenaing the Trump Organization.

This emoluments case was one of three ongoing constitutional challenges to Trump and his business, alleging that the President is violating the anti-corruption emoluments clause. Two other emoluments cases attack Trump for his alleged competitive advantage at the Trump-branded real estate empire. Those cases are still moving through the court system.

The three-judge panel — Judges Karen Henderson, David Tatel and Thomas Griffith — was in unanimous agreement, saying the Democratic lawmakers lack the standing to challenge the President, the US Court of Appeals for the District of Columbia Circuit ruled.

The Democrats’ “claim is based entirely on the loss of political power,” the appellate panel wrote in the opinion. “Our conclusion is straightforward because the Members — 29 Senators and 186 Members of the House of Representatives — do not constitute a majority of either body and are, therefore, powerless to approve or deny the President’s acceptance of foreign emoluments.”

The Democrats originally filed the lawsuit in 2017, before the party held power in the House of Representatives.

“The Members can, and likely will, continue to use their weighty voices to make their case to the American people, their colleagues in the Congress and the President himself, all of whom are free to engage that argument as they see fit,” the ruling states. “But we will not — indeed we cannot — participate in this debate. The Constitution permits the Judiciary to speak only in the context of an Article III case or controversy and this lawsuit presents neither.”

The DC Circuit’s ruling could face additional appeals, including to the Supreme Court.

This story is breaking and will be updated.

Original Article : HERE ;

from MetNews https://metnews.pw/appeals-court-tosses-democrats-emoluments-lawsuit-against-trump/