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Citing amicus brief co-authored by Prof. Burbank, New York state court allows suit against President Trump to proceed

November 23, 2018

In a recently issued decision in the civil lawsuit again the Trump Foundation, President Trump, and three of his children, the Supreme Court of New York cited an amicus brief co-authored by Stephen Burbank, Penn Law’s David Berger Professor for the Administration of Justice, in support of its holding that the court could exercise jurisdiction over the president. The civil suit, New York v. Trump, alleges that the Trump family and the Trump Foundation engaged in misuse of charitable assets, campaign finance violations, and other unlawful activities.

President Trump moved to dismiss the suit, pointing to the Supremacy Clause of the U.S. Constitution to argue that he was not subject to the court’s jurisdiction. Professor Burbank, along with Professor Richard D. Parker of Harvard Law School and Professor Lucas A. Powe of the University of Texas Law School, submitted an amicus curae brief arguing that a sitting president is not immune from suit in state or federal court for actions taken in his unofficial capacity. The court denied President Trump’s motion to dismiss, allowing the case to proceed. 

Read the opinion below: