In re: Donald Trump

At a campaign rally in Louisville, Kentucky, in March 2016, then-candidate Trump responded to protesters by stating, “Get ‘em out of here,” followed closely by, “Don’t hurt ‘em—if I say go ‘get ‘em,’ I get in trouble with the press.” Allegedly in response to Trump’s initial statement, three protesters were assaulted by Trump supporters. Those protesters filed a complaint in Kentucky state court, which was removed to federal court. The district court denied in part Trump’s motion to dismiss, holding the complaint stated a plausible claim for “incitement to riot” under Kentucky law. The Sixth Circuit granted a petition for leave to appeal under 28 U.S.C. 1292(b). A district court may certify an order for interlocutory appeal if it is “of the opinion” that: “[1] the order involves a controlling question of law to which there is [2] substantial ground for difference of opinion and . . . [3] an immediate appeal may materially advance the termination of the litigation.” When the district court certifies its order and a timely petition follows, the Circuit Court must decide whether to exercise its “discretion,” as a prudential matter, to permit an appeal. The three factors that justify interlocutory appeal should be treated as guiding criteria rather than jurisdictional requisites. In this case, these criteria, along with other prudential factors, indicate that interlocutory appeal is “hardly imprudent.” View "In re: Donald Trump" on Justia Law