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Emoluments Clause

Volokh Conspiracy

Supreme Court Denies Certiorari in Blumenthal v. Trump

Petitions for certiorari in the other two Emoluments Clause cases remain pending.

Jonathan H. Adler |The Volokh Conspiracy | 10.13.2020 12:51 PM

Crime

Second Circuit Refuses to Take Emoluments Case En Banc

At least four judges (and one senior judge) believe the standing question is worthy of en banc review. Will the Supreme Court think it's worth certiorari?

Jonathan H. Adler |The Volokh Conspiracy | 8.17.2020 7:11 PM

Volokh Conspiracy

D.C. Circuit Dispatches with Congressional Emoluments Suit

In a brief, direct opinion, the D.C. Circuit concludes that members of Congress lack standing to sue the President alleging a violation of the Foreign Emoluments Clause

Jonathan H. Adler |The Volokh Conspiracy | 2.8.2020 7:11 PM

Donald-Trump-7-4-19-Newscom | Al Drago/CNP/AdMedia/Sipa/Newscom

2019 Year in Review

Trump's Inartful Dodges

A look back at a year of presidential blame shifting

Jacob Sullum | 1.1.2020 12:01 AM

Crime

George Washington and the Emoluments Clauses

The Practices of our First President Suggest That President Trump is not violating the Foreign and Domestic Emoluments Clauses

Josh Blackman |The Volokh Conspiracy | 10.21.2019 6:55 PM

Volokh Conspiracy

The Office of Legal Counsel Has Not Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President. But the Civil Division Has.

DOJ’s Schrödinger’s Briefs in the Emoluments Clauses litigation are in tension with a 2009 OLC Opinion

Josh Blackman |The Volokh Conspiracy | 10.4.2019 7:00 AM

Volokh Conspiracy

The Congressional Research Service Has Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President

CRS has relied on Tillman’s Scholarship about who holds an “Office . . . under” the United States

Josh Blackman |The Volokh Conspiracy | 10.3.2019 7:30 AM

Crime

Who Was Right About the Emoluments Clauses? Judge Messitte or President Washington?

[I'm delighted that Profs. Josh Blackman and Seth Barrett Tillman, have passed along this response to the recent decision in the Emoluments Clause litigation against President Trump; naturally, I'd be delighted to post a response in turn from their adversaries. -EV]

Josh Blackman and Seth Tillman |The Volokh Conspiracy | 8.3.2018 3:17 PM

Donald Trump

"Emoluments" Suit Against Trump Can Proceed

Are we all about to get a look - finally! - at Trump's tax returns?

David Post |The Volokh Conspiracy | 7.25.2018 7:00 PM

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