After Defeat in New York, State AGs Are Next to Test Emoluments Challenge

“‘I think the AGs are the only plaintiffs who have a shot at standing,’ said James Tierney, a former Democratic attorney general from Maine, and a lecturer at Harvard Law School.

That’s because, he explained, states have unique standing to challenge the federal government. Tierney said there is no wording in the emoluments clauses about how they should be enforced, and the state would be a “natural enforcer” of the clauses because of its interest in preserving its constitutional rights.”

Cogan Schneier, “After Defeat in New York, State AGs Are Next to Test Emoluments Challenge,” The National Law Journal, January 24, 2018.