Supreme Court Report

Supreme Court of the United States · Official docket →

Donald J. Trump, President of the United States v. Citizens for Responsibility and Ethics in Washington, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-474 · judgment September 13, 2019

GVR'd · January 25, 2021
Pre-decision estimate: 25% cert probability (95% interval 17%–34%)

Before the decision, about 6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Second Circuit decision below.

Question presented

The Foreign Emoluments Clause provides that no person holding an “Office of Profit or Trust” under the United States “shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” U.S. Const. Art. I, § 9, Cl. 8. The Domestic Emoluments Clause provides that, apart from the President’s compensation for the period for which he is elected, he “shall not receive within that Period any other Emolument from the United States, or any of them.” U.S. Const. Art. II, § 1, Cl. 7. In this case, various members of the hospitality industry sued President Donald J. Trump, in his official capacity, asserting an implied cause of action to enforce the Emoluments Clauses. The district court granted the President’s motion to dismiss, holding that alleged business competitors cannot seek redress in an Article III court to enforce the Emoluments Clauses against the President. A panel of the court of appeals vacated and remanded. The question presented is: Whether plaintiffs who claim to compete with businesses in which the President of the United States has a financial interest can seek redress in an Article III court to enforce the Foreign and Domestic Emoluments Clauses of the U.S. Constitution against the President. (I)

Counsel of record

For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP

For respondent
Deepak Gupta
Gupta Wessler LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 26 2021
    JUDGMENT ISSUED.
  2. Jan 25 2021
    Motion for leave to file amici brief filed by Scholar Seth Barrett Tillman, et al. GRANTED.
  3. Jan 25 2021
    Motion for leave to file amicus brief filed by Professor Lawrence A. Hamermesh GRANTED.
  4. Jan 25 2021
    Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
  5. Jan 19 2021
    DISTRIBUTED for Conference of 1/22/2021.
  6. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  7. Dec 23 2020
    Reply of petitioner Donald J. Trump, President of the United States filed. (Distributed)
  8. Dec 14 2020
    Brief of respondents Citizens for Responsibility and Ethics in Washington, et al. in opposition filed.
  9. Dec 08 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
  10. Oct 14 2020
    Motion for leave to file amici brief filed by Scholar Seth Barrett Tillman and the Judicial Education Project.
  11. Oct 14 2020
    Motion for leave to file amicus brief filed by Professor Lawrence A. Hamermesh.
  12. Oct 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020.
  13. Oct 08 2020
    Motion to extend the time to file a response from October 14, 2020 to December 14, 2020, submitted to The Clerk.
  14. Sep 09 2020
    Petition for a writ of certiorari filed. (Response due October 14, 2020)