Why a Sacramento Federal Judge Ruled for Trump in Tax Returns Fight
U.S. District Judge Morrison England explains why he has blocked a California law that would require presidential candidates to release their tax returns.
October 01, 2019 at 09:20 PM
4 minute read
Allowing California to require U.S. presidential candidates to reveal their tax returns would "open the floodgates" for states to demand other information including medical records and school transcripts, a Sacramento federal judge said Tuesday in an order blocking the new state law.
U.S. District Judge Morrison England Jr.'s order, affirming an earlier tentative decision, stops California from enforcing a law that would have required President Donald Trump to disclose his tax returns to appear on the 2020 primary ballot. Trump has resisted releasing his returns despite promising to do so as a candidate in 2016.
"The dangerous precedent set by this act, allowing the controlling party in any state's legislature to add substantive requirements as a precondition to qualifying for the state's presidential primary ballot, should concern all candidates alike, Republican, Democrat, or otherwise," England wrote. "It certainly concerns the court."
England's order formalizes a tentative ruling the judge announced from the bench after oral arguments Sept. 19. Parties in five consolidated cases, including Trump, his campaign and state and national Republicans, had sought the preliminary injunction granted Tuesday.
State leaders have not announced whether they will appeal the order, although England said in September that he was announcing his ruling tentatively so both sides could prepare to take the case to the U.S. Court of Appeals for the Ninth Circuit.
Democratic state Sen. Mike McGuire, the bill's author, said last month that England "got this one wrong and a decision as important as this should not have been rushed or the law prematurely shut down."
California Republican Party Chairwoman Jessica Millan Patterson called the decision "a victory for California voters and their ability to vote for the candidate of their choice in March. This decision rightfully stops the Democrats' petty politics and their efforts to disenfranchise millions of California voters and suppress Republican voter turnout."
England's opinion noted that California's Office of Legislative Counsel concluded that a previous version of the bill that became law this year would be unconstitutional. The judge also cited former Gov. Jerry Brown's message accompanying his veto of that bill.
"Despite both Governor Brown's warning and the Legislative Counsel's earlier admonition, the lead authors of SB 149 announced their intent to reintroduce the bill when California had a new governor," England wrote.
England also noted that, while it has become a common practice, not all presidential candidates have released their tax returns.
If requiring candidates to disclose their finances was the state's "even-handed objective, it presumably would have passed some version of the act in 1992, when former California Governor Jerry Brown elected not to release his tax returns while running for the Democratic nomination for president," England wrote. "At base, the act seeks to punish a class of candidates who elect not to comply with disclosing their tax returns by handicapping their access to the electoral process. This is plainly impermissible."
England wrote that the state's desire to provide voters information about a presidential candidate's potential conflicts of interest "are both legitimate and understandable."
"It is not the job of the courts, however, to decide whether a tax return disclosure requirement is good policy or makes political sense," the judge wrote. "Those are questions delegated to the political branches of the federal government, that is Congress and the president, under Articles I and II of the United States Constitution."
Trump's lawyers at Consovoy McCarthy are pursuing cases in Washington and New York federal trial courts that would shield the president's tax returns from public disclosure. The U.S. House Ways and Means Committee, and state prosecutors in New York, are seeking copies of Trump's returns.
Trump contended on the campaign trail in 2016 that he could not release his tax returns, as many presidential candidates have, because he was under an audit. Tax lawyers have said Trump, despite any audit, still could release those returns.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Erroneous Assumption'?: Apple Challenges DOJ Antitrust Remedy in Google Search Monopoly Case
3 minute readDel. Chancery Claims Linking Fox Management to Defamation Liability Clear Hurdle
4 minute readData Breach Lawsuit Against Byte Federal Among 1,500 Targeting Companies in 2024
4 minute readTrending Stories
- 1The Fearless Forecaster’s Employment Law Predictions for 2025
- 2Judicial Conference Declines Democratic Request to Refer Justice Thomas to DOJ
- 3People in the News—Jan. 2, 2025—Eastburn and Gray, Klehr Harrison
- 4Deal Watch: Latham, Paul Weiss, Debevoise Land on Year-End Big Deals. Plus, Mixed Messages for 2025 M&A
- 5Bathroom Recording Leads to Lawyer's Disbarment: Disciplinary Roundup
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250