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.

"The president maintains that the district court committed multiple errors that we should correct; however, this case is not on appeal," Judge Diana Motz wrote in the court's majority opinion. "We recognize that the president is no ordinary petitioner, and we accord him great deference as the head of the executive branch. But Congress and the Supreme Court have severely limited our ability to grant the extraordinary relief the president seeks."