Did the Supreme Court recently decide that profiting from the presidency is constitutional?
The Supreme Court on Jan. 22 ordered lower courts to dismiss as moot two cases contending that President Trump violated the Constitution’s foreign emoluments clause, allowing the Court to avoid ruling on the constitutionality of profiting from foreign governments while president.
The cases, filed in September, argued that Trump violated the clause by retaining an interest in his businesses rather than following past practice of placing assets in a “blind trust” under control of another party to avoid conflicts of interest. The clause says no official “shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state."
On the recommendation of Trump's solicitor-general, the Court waited until Trump left office to review the cases and then dismissed them given that Trump is no longer president.
