A federal appeals court panel was indisputably hostile to a lawsuit accusing Trump of violating the Constitution by profiting from his business dealings with foreign countries seeking to curry favor with his administration
RICHMOND — A federal appeals court panel was indisputably hostile Tuesday to a lawsuit accusing President Donald Trump of violating the Constitution by profiting from his business dealings with foreign countries seeking to curry favor with his administration.
Of the three appeals judges who heard more than two hours of arguments Tuesday, Judge Dennis Shedd sounded most skeptical about the case, challenging lawyers for D.C. and Maryland at every turn. Shedd pressed D.C. Solicitor General Loren AliKhan on what her office was looking to get out of the suit beyond a declaration that Trump is breaking the law.
Judge Paul Niemeyer called Messitte's handling of the case in the lower court “very peculiar.” Niemeyer noted that the district judge suggested early in the case that D.C. and Maryland might need to name the president personally as a defendant, rather than just in his official capacity as president. They then did that. Later, Messitte inquired about dismissing the president personally from the suit and the plaintiffs soon did that.
Shedd also ridiculed Maryland’s argument that Trump’s actions were undermining the basic terms under which the state agreed to join the union in 1788.
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