The order was issued without comment or dissent.
At the center of the case was the Constitution’s Emoluments Clause, which has faced few judicial interpretations since it was written almost 250 years ago. The clause states that “no person holding any office … shall, without the consent of Congress” accept gifts or other benefits from foreign states.
“The Supreme Court’s procedural order not only wipes away two lower court rulings, but it also orders dismissal of the entire dispute — leaving for some other time resolution of the many questions Trump’s conduct raised about the Emoluments Clause,” said Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law.
“Ordinarily, the Court pursues such a step only when the prevailing party moots a case while the appeal is pending — as opposed to here, where the disputes became moot because Trump’s term ended,” he added. “Today’s orders suggest that the court is increasingly willing to invoke this doctrine to avoid highly charged political disputes, even if the mootness wasn’t caused by the parties that won below.”
A lower court had allowed 38 subpoenas that were served on five federal agencies that demanded information about money spent by those agencies at the Trump International Hotel in Washington, DC.
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