# In re: Donald Trump

> Court of Appeals for the Sixth Circuit · November 1, 2017 · 874 F.3d 948

URL: https://www.frixlaw.com/law-library/cases/9879046

## Case

- **Full name:** In RE: Donald J. TRUMP; Donald J. Trump for President, Inc., Petitioners
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** November 1, 2017
- **Citations:** 874 F.3d 948
- **Precedential status:** Published
- **Opinion:** Concurrence by White
- **Judges:** McKeague, White, Hood
- **Cited by:** 70 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9879046

## How later opinions describe it (automated extraction)

- explaining that interlocutory appeal may be appropriate “when novel legal issues are presented, on which fair-minded jurists might reach contradictory conclusions” (quotation marks and citations omitted)
- finding litigation would be advanced when the outcome of the appeal could be dismissal of the case
- stating “[t]he sufficiency of a complaint is a 26 question of law”

## Opinion text

CONCURRENCE
HELENE N. WHITE, Circuit Judge, concurring.
I agree that the petition for leave to appeal should be granted because Petitioner President Trump has shown that the certified order meets the standards for granting interlocutory appeal.
I write separately to state that we should not use a published order granting leave as a vehicle to clarify or change the law as stated in a published opinion when no such clarification or development is necessary to address the petition for leave.
Further, I do not agree that orders certified for interlocutory appeal are intrinsically “exceptional” because they are rare, or that there is a presumption in favor of granting petitions for leave to appeal when “another Article III judge” certifies an order. The fact that a district judge certified the order for interlocutory appeal is simply a necessary prerequisite present in all cases in which a petition is brought under 28 U.S.C. § 1292 (b).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9879046. Public record. Not legal advice.