Jeffrey Lovitky v. Donald Trump
Opinion
Officers of the United States swear to "faithfully discharge the duties of the[ir] office."
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This case concerns a dispute about a then-presidential candidate's financial disclosure report. Under the Ethics in Government Act of 1978, candidates for certain offices, including the Presidency, must file financial disclosures with the Federal Election Commission. 5 U.S.C. app. § 103(e). Subject to some limitations, a presidential candidate's financial disclosure "shall include a full and complete statement with respect to," among other things, the "identity and category of the total liabilities owed to any creditor." Id . § 102(a)(4).
Plaintiff Jeffrey Lovitky, appellant here, alleges that, as a presidential candidate, Donald J. Trump filed a financial disclosure report with the FEC on May 16, 2016. Compl. ¶ 13, J.A. 11; see J.A. 28-131. Part 8 of this disclosure listed 16 financial liabilities, identifying each creditor, and describing the nature and terms of each liability. Compl. ¶ 16, J.A. 12; see J.A. 84. The "appropriate reviewing officials" (see generally 5 U.S.C. app. § 106;
Lovitky sees non-compliance. He alleges that then-candidate Trump's financial disclosure included both personal and business liabilities, Compl. ¶¶ 37-42, J.A. 18-19, and that this violated the Ethics in Government Act, which, Lovitky argues, "requires disclosure of only those liabilities for which candidates are themselves liable ... or for which the spouse or dependent child of the candidate are liable," id . ¶ 24, J.A. 15; see also id . ¶¶ 43-44, 46, J.A. 19-20. Candidate Trump, Lovitky contends, "obscured his liabilities by commingling them with the liabilities of business entities." Appellant's Br. 11.
Lovitky brought suit in the district court for the District of Columbia, seeking "relief in the nature of mandamus, directing [now-President Trump] to amend his financial disclosure report" so that it "specifically identif[ies] any debts [that then-candidate Trump] owed." Compl. 14, J.A. 21.
On April 10, 2018, the district court dismissed, holding that Lovitky lacked Article III standing because the court could not "issue the relief that [he] request[ed]" and thus could not "redress [his] grievance."
Lovitky v. Trump
,
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We begin (and end) with subject-matter jurisdiction, without reaching the question of standing. See, e.g.,
Moms Against Mercury v. FDA
,
But § 2201 (declaratory judgment) "is not an independent source of federal jurisdiction."
Metz v. BAE Sys. Tech. Solutions & Servs. Inc.
,
This leaves the Mandamus Act, which reads in full:
§ 1361. Action to compel an officer of the United States to perform his duty
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or an agency thereof to perform a duty owed to the plaintiff.
It is not. Lovitky has challenged only one of Trump's financial disclosure reports-the one filed in May 2016. At that time, Trump's obligation to provide a "full and complete statement" of liabilities arose out of his status as a candidate for the office of President, as he had not yet been elected. See 5 U.S.C. app. § 101(c) (imposing reporting obligations on "candidate[s]" for "the office of President ... other than an incumbent President"). That makes all the difference. As we'll develop below, duties within the meaning of the Mandamus Act include only those obligations that pertain to a defendant officer's (or employee's) public office. (Because Lovitky bases his claim on an obligation that was supposedly imposed by § 101(c), see, e.g., Appellant's Supplemental Br. 4, we need not-and do not-express an opinion as to whether other provisions of the Ethics in Government Act impose a "duty" within the meaning of the Mandamus Act.)
True, if read in isolation, the phrase "a duty owed to the plaintiff,"
But the context points to a narrower meaning. See, e.g.,
Life Techs. Corp. v. Promega Corp.
, --- U.S. ----,
The statute's common law background also supports reading it to require that the duty a plaintiff seeks to compel via § 1361 must pertain to a defendant's public office. "It is a settled principle of interpretation that, absent other indication, 'Congress intends to incorporate the
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well-settled meaning of the common-law terms its uses.' "
Sekhar v. United States
,
Detachment of the duty from the office of the defendant would lead to serious incongruities. For example, where an officer is sued in his official capacity, as here, Rule 25(d) of the Federal Rules of Civil Procedure automatically substitutes as defendant the official's successor in office. See, e.g.,
Nader v. Saxbe
,
In sum, the Mandamus Act applies only to duties that flow from a defendant's public office. And because the alleged duty here-directed at candidates for public office-lacks that defining characteristic, the district court had no jurisdiction under that Act over Lovitky's claims.
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For the foregoing reasons, the district court's judgment dismissing the case is affirmed.
So ordered.
Reference
- Full Case Name
- Jeffrey A. LOVITKY, Appellant v. Donald J. TRUMP, in His Official Capacity as President of the United States, Appellee
- Cited By
- 6 cases
- Status
- Published