Ethics group's lawsuit against President Trump could have profound implications, law professor says

LAWRENCE — A liberal watchdog group filed a lawsuit in federal court against President Donald Trump on Monday, claiming he is in violation of the Emoluments Clause of the U.S. Constitution. Citizens for Responsibility and Ethics in Washington claim that Trump is violating the provision that prevents presidents and government officials from accepting gifts from foreign governments.

The clause “is no relic of a bygone era but rather an expression of insight into the nature of the human condition and the preconditions of self-governance. And applied to Donald J. Trump’s diverse dealings, the text and purpose of the Foreign Emoluments Clause speak as one: This cannot be allowed,” the legal complaint says. Richard Levy, J.B. Smith Distinguished Professor of Constitutional Law at the University of Kansas, is available to discuss the case with media. Levy can discuss its possible outcomes and the clause as it relates to Trump buildings and dealings with foreign governments and related topics.

“It is unclear whether the Emoluments Clause is judicially enforceable and whether the kinds of business dealings at issue are within the scope of the clause, but if the lawsuit succeeds, it would have profound implications for the conduct of President Trump’s businesses during the time he is in office,” Levy said.

Levy speaks frequently with media on constitutional topics and cases, such as school finance litigation, abortion rights and other controversial topics cases, as well as the Supreme Court. He joined KU Law faculty in 1985, having received his law degree with honors from the University of Chicago Law School. Before joining the faculty, he served as a clerk for Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit. In teaching and research, he has focused on constitutional law, administrative law and government institutions. Levy is a prolific scholar who was named a Postlethwaite Research Fellow, 1996-1999, and was named the inaugural J.B. Smith Distinguished Professor of Constitutional Law in 2007.

To schedule an interview with Levy, contact Mike Krings at 785-864-8860 or mkrings@ku.edu.