Constitutional Law Prof Blog [h/t Joe Hodnicki]: “Judge Emmet G. Sullivan (D.D.C.) ruled today in Blumenthal v. Trump that members of Congress have standing to sue President Trump for violations of the Foreign Emoluments Clause. At the same time, Judge Sullivan declined to rule on the President’s other three arguments for dismissal–that the plaintiffs lack a cause of action, that they’ve failed to state a claim (because the President’s business interests aren’t “emoluments” under the Clause), and that injunctive relief sought is unconstitutional. Thus, the ruling is a set-back for the President, but Judge Sullivan may yet end up dismissing the case on other grounds. We posted here on the earlier district court ruling that another Emoluments case, brought by Maryland and D.C., can move forward.
The Congressmembers’ case alleges that President Trump’s overseas business holdings and properties generate income and benefits for the President, without the consent of Congress, in violation of the Foreign Emoluments Clause…The court agreed:
[E]ach time the President allegedly accepts a foreign emolument without seeking congressional consent, plaintiffs suffer a concrete and particularized injury–the deprivation of the right to vote on whether to consent to the President’s acceptance of the prohibited foreign emolument–before he accepts it. And although the injury is an institutional one, the injury is personal to legislators entitled to cast the vote that was nullified…”