A federal appeals court on Friday dismissed Democratic lawmakers' lawsuit against President Donald Trump alleging he has violated the emoluments clause of the U.S. Constitution on technical grounds, NBC News reported.
In their unsigned ruling, the judges cited Supreme Court precedent, noting the 215 lawmakers on the lawsuit are not the majority of Congress, and that they might have had standing if they had filed the suit as a majority. "[O]nly an institution can assert an institutional injury," the ruling says.
In their decision, the judges suggested the lawmakers press their argument in the court of public opinion.
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Laurence Tribe, a Harvard law professor and constitutional expert, tweeted after the ruling, “Individual members of the House and Senate lack standing to sue Trump to stop his Foreign Emoluments Clause violations — but the House could sue for institutional injury. It should now do so.”