“Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court”


“The District Court did not adequately address whether — given the separation of powers issues present in a lawsuit brought by members of the legislative branch against the president of the United States — resolving the legal questions and/or postponing discovery would be preferable, or whether discovery is even necessary” to establish whether the plaintiffs were entitled to judicial intervention, the judges stated.

They sent the case back to Judge Sullivan, essentially telling him to give the Justice Department permission to appeal his rulings because they raise “open threshold cases of pure law.” In response, Judge Sullivan halted discovery in the case while he considers whether to issue new orders.

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