U.S. Appeals Court Reinstates Emoluments Case Against Trump – The New York Times
The appeals court judges in New York noted that a different appellate panel for Court of Appeals for the Fourth Circuit had ruled the opposite way, dismissing a similar lawsuit brought by the state of Maryland and the District of Columbia. The plaintiffs in that case are seeking to appeal that dismissal to the full appeals court, based in Virginia.
Yet another case, brought by congressional Democrats, is headed to Court of Appeals for the District of Columbia Circuit.
In the New York case, the appellate judges ruled that the lower court judge, George B. Daniels, had dismissed the case too precipitously. By his standard, the judges said, no plaintiff would ever have the legal standing to sue the president for accepting financial benefits or emoluments from foreign governments without congressional approval.