Professional Documents
Culture Documents
MEMORANDUM OPINION
I. Introduction
Court finds that: (1) plaintiffs have stated a claim against the
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v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002). A complaint must
contain “‘a short and plain statement of the claim showing that
upon which it rests.’” Bell Atl. Corp. v. Twombly, 550 U.S. 544,
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Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994). The Court need not
679 (2009).
IV. Analysis
A. Constitutional Interpretation
(2008)). “In interpreting the text [the Court is] guided by the
by the voters; its words and phrases were used in their normal
554 U.S. at 576 (quoting United States v. Sprague, 282 U.S. 716,
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N.L.R.B. v. Canning, 573 U.S. 513, 527 (2014); Heller, 554 U.S.
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385, 393 (1867); and then quoting Hoyt v. United States, 51 U.S.
paper),
https://papers.ssrn.com/so13/papers.cfm?abstract_id=2995693
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that even if the Court were to adopt the narrow definition that
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omitted).
was what was intended in the Clause. The President responds that
882 (citing Canning, 573 U.S. at 527). The fact that there is
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clause).
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United States, every word must have its due force, and
added.”)).
he shall not receive within that Period any other Emolument from
time. . . .”)).
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phrase “of any kind whatever” surplusage. Pls.’ Opp’n, ECF No.
Opp’n, ECF No. 17 at 44. Plaintiffs also argue that the reason
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more plausible role of this first use of the word ‘any’ in the
the phrase ‘of any kind whatever’ operates to ensure that every
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simply due to the fact that the Foreign Emoluments Clause has a
he shall not receive within that Period any other Emolument from
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would not make sense for the term to have different meanings in
the Constitution and that “all three clauses in which the term
of office-holders.” Id.
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the limits of the Foreign Clause, the Framers used the word
latter, the Emoluments that are prohibited are those that would
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3d at 889.
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President advocates.
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government, thus the President can “claim only that they might
The President responds that while the records are limited and
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The Court is persuaded that the adoption of the Clause and its
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ECF No. 15-1 at 53. The President also notes that the Framers
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their argument that the purpose of the Clause was “to exclude
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ECF No. 42 at 10. So, for example, amici dispute that royalties
purpose. See also Canning, 573 U.S. at 528 (“[W]e believe the
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context.
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respond that the reason for this is simple: “OLC and the
from federal officers. Most such officers are not real estate
. ‘[t]hose who hold offices under the United States must give
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the Clause applies to the situation and “has never come close to
Amici also point out that “the government has never determined
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https://www.justice.gov/olc/page/file/935741/download (noting
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generally Mot. to Dismiss, ECF No. 15-1; Reply, ECF No. 28. To
the contrary, he can only assert that his position “is not
definition of “Emolument.”
that:
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agrees.
of the United States,” Am. Compl., ECF No. 14 ¶ 54; and that
to withdraw.”).
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the Supremacy Clause, argues that the Clause “is not a source of
federal rights such that the Court may imply a cause of action
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President argues that this is not “a proper case” for the Court
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P.C.A.O.B., 561 U.S. 477, 491 n.2 (2010)). Plaintiffs argue that
51.
134 S. Ct. 1377, 1386 (2014), but state that even if it does,
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interests. Id.
generally Mot. to Dismiss, ECF No. 15-1; Reply, ECF No. 28.
Ct. at 1384 (“[W]e have long held that federal courts may in
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a reason not to do so. Free Enter. Fund, 561 U.S. at 491 n.2
Coll. v. Ams. United for Separation of Church & State, Inc., 454
U.S. 464, 475 (1982) (quoting Warth v. Seldin, 422 U.S. 490, 499
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Mot. to Dismiss, ECF No. 15-1 at 31, but asserts in his reply
(citing Clarke, 479 U.S. at 394, 399). The Court disagrees. The
only way the Clause can achieve its purpose is for the President
way the Clause can achieve its purpose. See Riegle v. Fed. Open
Mkt Comm., 656 F.2d 873, 879 (D.C. Cir. 1981) (“[T]he interest
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only obtain relief from the President. Mot. to Dismiss, ECF No.
15-1 at 32. Rather, the fact that plaintiffs can only obtain
(quoting Nat’l Treasury Emps. Union v. Nixon, 492 F.2d 587, 613
proceed).
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32. The President also disputes that compliance with the Clause
President.” Id.
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Clinton, 100 F.3d 973, 977 (D.C. Cir. 1996) (citing Johnson, 71
the duty” to not accept any Emolument until Congress gives its
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V. Conclusion
SO ORDERED.
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