Trump Coin Lawsuit Dismissed, Legal Questions on Living Persons on Currency Remain

Less than a week after U.S. Treasury Secretary Scott Bessent announced the final design of the new $1 coin featuring President Donald Trump's portrait, a federal lawsuit in Oregon challenging the coin's production has been voluntarily dismissed. The controversial coin is scheduled for release this fall.

Coin Design and Purpose

The gold-plated coin includes:

• The presidential seal and "250" etched on one side
• A portrait of Trump with the words "liberty" and "in God we trust" on the other

Minted to commemorate the nation's 250th anniversary, the coin is intended to "honor the enduring legacy of liberty and a lasting symbol of patriotism" and "celebrate the strength of American values," Bessent posted on social media.

Legal Challenges

Critics argue the inclusion of Trump's face not only breaks long-standing norms against enshrining living persons on legal tender but also violates federal law.

The Thayer Amendment

Legislation passed by Congress in 1866 "expressly and unambiguously forbids" the production of a coin featuring "the image of a face of a living man," according to court documents filed by James Rickher, a retired lawyer in Portland, Oregon. Known as the Thayer Amendment, the law was enacted after former Treasury official Spencer Clark placed himself on banknotes intended to honor William Clark of the Lewis and Clark expedition.

The current statute grants the Treasury secretary authority to "engrave and print United States currency" and states "only the portrait of a deceased individual may appear on United States currency and bonds."

Conflicting Interpretations

Proponents of the Trump coin argue the Thayer Amendment applies only to paper currency, pointing to a separate statute governing coin minting that has no blanket prohibition on portraits of living persons.

However, the Circulating Collectible Coin Redesign Act of 2020 (CCCRA), which authorized the redesign of dollar coins "with designs emblematic of the United States semiquincentennial" for production only in 2026, does limit the design. The statute states: "no head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design on the reverse of" the commemorative dollar coin.

Treasury Department's Position

In court filings, the Treasury Department argued the correct interpretation of the statute only "limit[s] the prohibition [of a portrait of a living person] specifically to the reverse" or tails side of the coin. Since "the proposed design places President Trump's portrait on the [head's] side and an eagle on the reverse side," there is no legal complication. The government's lawyer further noted that elsewhere in the statute, the secretary is granted broad discretion over the designs of gold bullion and proof coins—coins that remain legal tender and official U.S. currency.

Dismissal and Standing Issues

Despite these unresolved questions of statutory interpretation, Rickher filed to voluntarily dismiss the lawsuit on July 20 after being denied a preliminary injunction against the coin's production in late June. U.S. District Judge Karin Immergut denied the injunction due to Rickher's lack of standing and inability to prove he would suffer a concrete or particularized harm should the coin be produced and distributed. Immergut did not rule on the merits of the case.

It remains possible that no one will have standing to challenge the coin in court until after it is produced and distributed. Richard Painter, former chief White House ethics lawyer for President George W. Bush, noted one scenario in which someone might prove injury and therefore have standing to sue.