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“It is always possible that some federal judge would find a violation of the Constitution, even though such a holding might be lacking in substantive merit,” said Seibler. ” For example, various federal judges have ignored clear precedents and statutory language in striking down President Trump’s executive order imposing a temporary halt to travel from certain countries.”

Of the nine justices sitting currently on the Maryland District Court, seven are Obama appointees, one is a Clinton appointee, and one is a George W. Bush appointee.

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“The D.C. and Maryland attorneys general’s arguments make clear that they are relying on politics generally to advance their far-reaching constitutional theories,” said Seibler.

“Early in their complaint they relate alleged ‘violations of the Constitution’s anti-corruption protection’ with other currently politicized legal controversies and policy debates, including ‘determining who can travel into the country’, ‘deciding whether the United States will abandon global efforts to combat climate change’, ‘choosing how people will access health care’, the budget debates, and tax reform debates,” Seibler said.

“Because of the facts that the plaintiffs gave a pass to President Obama as he earned millions in profits from worldwide book sales, and are ignoring the historical record of the framers’ administrations, it seems that these lawsuits are less about faithful application of the U.S. Constitution than they are about political opposition to President Trump,” he said.