BEWARE OF LAW PROFESSORS FILING ACTUAL LAWSUITS: Emoluments Law Suit, Filed Today, Haunted by Past Debacle.

A law suit filed today by a group of prominent law professors, challenging President Donald Trump for alleged violations of the Constitution’s Emoluments Clause, may well yield the same result – a complete rout and debacle, including a major loss – as the last major case brought by law professors, says public interest law professor John Banzhaf.

In 2006, a law suit largely put together by constitutional and other law professors, arguing that universities which accepted federal funding nevertheless had a constitutional right to bar military recruiters from their campus, was rejected unanimously by the U.S. Supreme Court which sharply rebuked the law schools and law professors who brought the case for even making the argument.

The Court trashed the four legal theories advanced by the law professors, especially Harvard’s statutory interpretation argument, although six justices went to Harvard Law.

Worse, the case backfired on the learned professors when the Court also went on to say that Congress could probably mandate that colleges permit military recruiters on campus, even if the school does not accept any federal funding – a major and (to them) an unexpected loss, says Banzhaf.

I agree with Ann Althouse that there seem to be severe issues with standing here.