Professor and pundit Mark Grabowski, who is also a lawyer, weighed in on two political lawsuits that made headlines in the past week: state attorney generals' lawsuit against President Trump for allegedly violating the Constitution's Emoluments Clause and Sarah Palin's libel lawsuit against the New York Times.
In separate columns for the Washington Examiner, Grabowski predicted that neither lawsuit would likely succeed.
"The Emoluments Clause has been a dead letter since the 18th century," Grabowski explained. "The clause has never been litigated. No federal court has ever interpreted it directly. Legal scholars have debated whether it even applies to the president. It is incapable of judicial interpretation in the modern era without a detailed statutory and regulatory scheme.Moreover, it has been a presidential custom to violate the clause."
On the Palin lawsuit, he wrote, "As a result of the landmark 1964 case New York Times v. Sullivan, public officials like Palin must prove actual malice in order to recover damages. It's an almost insurmountable burden of proof: showing the paper knew what it said was false or acted with reckless disregard of the truth."
Grabowski's columns were discussed by the Conservative Tribune, American Thinker and law professor blogs.
In separate columns for the Washington Examiner, Grabowski predicted that neither lawsuit would likely succeed.
"The Emoluments Clause has been a dead letter since the 18th century," Grabowski explained. "The clause has never been litigated. No federal court has ever interpreted it directly. Legal scholars have debated whether it even applies to the president. It is incapable of judicial interpretation in the modern era without a detailed statutory and regulatory scheme.Moreover, it has been a presidential custom to violate the clause."
On the Palin lawsuit, he wrote, "As a result of the landmark 1964 case New York Times v. Sullivan, public officials like Palin must prove actual malice in order to recover damages. It's an almost insurmountable burden of proof: showing the paper knew what it said was false or acted with reckless disregard of the truth."
Grabowski's columns were discussed by the Conservative Tribune, American Thinker and law professor blogs.
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