A federal appeals court agreed Tuesday to rehear a case in which Maryland and the District of Columbia accused President Trump of violating the Constitution by earning income from his hotels while in office.
A three-judge panel earlier this year tossed the lawsuit, in a win for Mr. Trump. But the full 4th U.S. Circuit Court of Appeals said Tuesday it will hear the case again, with all the judges sitting.
It scheduled oral argument for Dec. 12.
“Today’s decision by the Fourth Circuit granting the District of Columbia and Maryland a rehearing in our anti-corruption case against President Trump is significant,” said D.C. Attorney General Karl A. Racine and Maryland Attorney General Brian E. Frosh, who are fighting Mr. Trump in the lawsuit.
The three-judge panel had said neither D.C. nor Maryland had standing to bring the suit. The judges did not rule on the merits of the case against the president.
That didn’t stop Mr. Trump from gloating at the time, proclaiming a “unanimous decision in my favor.”
Mr. Trump has kept his ownership in his business empire, though he has turned over day-to-day operations to his children.
His political opponents say he’s enriching himself through money U.S. government officials and foreign officials pay for rooms, bar tabs and other expenses at his properties, such as the Trump International hotel in Washington, D.C.
That, they say, violates the “Emoluments Clauses” of the Constitution, which restrict the president from making money off the federal government beyond his official salary, and restrict him from accepting things of value from foreign governments.
The D.C. and Maryland lawsuit is one of a series of challenges to the president over the Emoluments matter.
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