During a January court hearing, Judge Messitte seemed to acknowledge that the case would ultimately be decided by a higher court than his. Judge Messitte rejected the Justice Department’s argument that it is up to Congress, not a court, to decide whether the president has violated the emoluments clauses. While the constitution does state that Congress can allow the president to accept gifts from foreign governments, he wrote, that does not rule out a lawsuit claiming violations. During oral arguments, Judge Messitte was dismissive of that judge’s opinion, saying it seemed to lack rigorous analysis. He noted in his opinion that states are not ordinary litigants but have enhanced standing in cases involving the federal government.

Source: New York Times March 28, 2018 17:41 UTC