Judge Diana Motz. Credit: Diego M. Radzinschi / ALM
“Allowing the president to be the final arbiter of both the interpretation and enforcement of the law—as the dissents would—would gravely offend separation of powers,” the court’s majority opinion states.
May 14, 2020 at 09:13 AM
1 minute read
The original version of this story was published on National Law Journal
The U.S. Court of Appeals for the Fourth Circuit ruled en banc to allow a lawsuit that alleges President Donald Trump is violating the Constitution’s Emoluments Clause to advance.
In the rare full-court ruling Thursday, the judges found Trump did not have the ability to ask the federal appeals court to dismiss the lawsuit, as he claimed immunity from the legal challenge while in office.
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