By Missy Crane | February 11, 2020

I know it sounds crazy, but it was Notorious RBG who actually handed Trump the victory in the Emoluments lawsuit brought forth by the Dems.

How can this be?

Well, pretty simple and very ironic really.

Here’s the background on the case:

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Democratic Sen. Richard Blumenthal of Connecticut is leading a coalition of 186 House members and 29 senators alleging the president has unlawfully profited from foreign patronage at the Trump International Hotel in Washington, D.C., in violation of an ethics provision in the Constitution called the foreign emoluments clause.

That was the case brought against President Trump…another petty, absurd waster of time.

So, how did the court end up ruling in President Trump’s favor and what does Justice Ginsburg have to do with it?

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit dismissed the lawsuit on Feb. 7 on technical grounds, relying in part on a 2019 Ginsburg opinion.

The foreign emoluments clause provides that government officials may not accept “any present, emolument, office, or title” from foreign entities without congressional approval. Democratic lawmakers sued Trump because he is accruing profits from various foreign actors at his Washington hotel without congressional authorization.

The lawmakers said Trump’s failure to obtain congressional approval for his business activities has “completely nullified” the votes the Constitution authorizes legislators to take on the emoluments issue, giving them a basis — or “standing” in legal parlance — for their lawsuit.

The D.C. Circuit disagreed. The panel said individual members of a legislature have no standing to protect the legislature’s institutional interests in court. That’s because legislatures exercise power as a body through majority vote. Power does not belong to any particular member.

The Supreme Court first said as much in a 1997 case called Raines. Ginsburg reiterated that principle in her 2019 majority opinion in Virginia House of Delegates v. Bethune-Hill. Ginsburg’s opinion in Bethune-Hill, “puts paid to any doubt regarding the Members’ lack of standing,” the D.C. Circuit said. [Daily Caller]

Sometimes you get help from the most unlikely sources.

And after all the “help” Justice Roberts has given Dems, we’ll take this well-deserved victory with RBG’s help!

 

This piece originally appeared on WayneDupree.com and is used by permission.

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