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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBam! The 2nd Circuit won't rehear en banc one of the Emoluments Clause cases against Trump
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Jennifer Taub
@jentaub
💥 BAM!
Zoe Tillman
@ZoeTillman
Just in: The 2nd Circuit won't rehear en banc one of the Emoluments Clause cases against Trump a three-judge panel previously revived the case in NY. This tees it up now for Trump/DOJ to file a cert petition with SCOTUS.
Previously: https://buzzfeednews.com/article/zoetillman/donald-trump-hotel-lawsuit-back-emoluments
Karadeniz
(22,574 posts)CurtEastPoint
(18,664 posts)DavidDvorkin
(19,489 posts)Don't be ashamed.
Evergreen Emerald
(13,070 posts)...He appealed to the 2nd Circuit. 2nd Circuit court has discretion to address the case or not. If they do not hear the case, the ruling against Trump stands. They did not hear the case, which is a loss for Trump.
Trump now must file a petition for the Supreme Court to hear the case. It is called a "petition for a writ of certiorari," (cert. petition). The Supreme Court also has discretion whether to hear the case.
https://www.scotusblog.com/reference/educational-resources/supreme-court-procedure/
This link may help.
CurtEastPoint
(18,664 posts)uponit7771
(90,364 posts)fierywoman
(7,694 posts)non-legalese to us non-lawyers.
rsdsharp
(9,204 posts)Reversed the district court which had ruled the plaintiffs had no standing to bring the case. The 2nd Circuits discretion was only to decide whether the full court (en banc) should review the decision by the three judge panel.
Trump can now petition the Supreme Court to grant cert. Doing so takes only 4 votes by the justices.