Is Ruth Bader Ginsburg a Russian asset?
It’s a fair question for Democrats… because it turns out that a Ginsburg opinion was used to help Trump defeat the Democrats’ emoluments lawsuit.
A federal appeals court tossed out a lawsuit against Trump by congressional Democrats.
CNBC reports on the decision:
“Here … our conclusion is straightforward because the Members — 29 Senators and 186 Members of the House of Representatives — do not constitute a majority of either body and are, therefore, powerless to approve or deny the President’s acceptance of foreign emoluments,” the panel said in the ruling.
The judges cited a 1997 Supreme Court decision in a case known as Raines v. Byrd.
In that opinion, the high court ruled that individual members of Congress lacked standing under Article III of the Constitution to file a suit challenging a law which granted the president power to veto individual tax and spending measures after signing them into law.
Friday’s decision also cited a Supreme Court opinion written last year by Justice Ruth Bader Ginsburg, in an appeal by Virginia’s state House of Representatives involving a racial gerrymandering ruling.
The Supreme Court in that opinion noted “that ‘individual members’ of the Congress ‘lack standing to assert the institutional interests of a legislature’ in the same way ‘a single House of a bicameral legislature lacks capacity to assert interests belonging to the legislature as a whole.’”
The D.C. Circuit, in its ruling Friday, said the Democratic “members can, and likely will, continue to use their weighty voices to make their case to the American people, their colleagues in the Congress and the President himself, all of whom are free to engage that argument as they see fit.”
While the lawsuit was thrown out Friday, Democrats are just now realizing that a Ruth Bader Ginsburg opinion was used to help rule in Trump’s favor.
Now that the dust has settled from President Trump’s best week ever, the fine print on the ruling has come to light.
One of the Democrat’s favorite heroes — the great RBG herself — actually helped Trump. Ouch! That’s got to hurt!
Will Democrats begin accusing Ginsburg of being a Russian asset? Only time will tell.
The topic is beginning to gain steam on Twitter, days after the Democrat lawsuit was tossed out.
This emoluments lawsuit against President Trump is yet another hoax that has been put to bed.
A federal appeals court dismissed the lawsuit by congressional Democrats.
The ruling is yet another major triumph from Trump.
The New York Times also reports:
A federal appeals court panel threw out on Friday a lawsuit by 215 Democratic members of Congress accusing President Trump of illegally accepting benefits from foreign governments, saying that individual lawmakers cannot sue the president on behalf of the entire Congress.
Even assuming that the allegations against Mr. Trump were true, the Supreme Court ruled out lawsuits of this type nearly a quarter-century ago, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit said.
The lawmakers claimed in their complaint that Mr. Trump had violated the Constitution by financially profiting from foreign officials who patronized his hotels and other properties. The emoluments clauses of the Constitution prohibit federal officials from accepting financial benefits from foreign governments without congressional approval.
“Our conclusion is straightforward because the members — 29 senators and 186 members of the House of Representatives — do not constitute a majority of either body and are, therefore, powerless to approve or deny the president’s acceptance of foreign emoluments,” the judges wrote.