Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—September 13

Then-president Donald Trump delivers a statement in the Grand Foyer at the White House in Washington, D.C., January 8, 2020. (Kevin Lamarque/Reuters)

2019—In CREW v. Trump, a divided panel of the Second Circuit reverses a district-court ruling that the plaintiffs did not have standing to pursue their claims that President Trump’s continuing business interests violated the Domestic and Foreign Emoluments Clauses of the Constitution. The panel majority rules instead that two plaintiffs operating in the hospitality industry adequately alleged that they were economic competitors of the Trump businesses and suffered harm as a result of the allegedly illegal acts, and that they therefore satisfied the competitor-standing doctrine.

In dissent, Judge John M. Walker Jr. argues that the majority’s expansive application of the competitor-standing doctrine conflicts with Supreme Court precedent.


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