WASHINGTON: A US federal appeals court ordered Donald Trump’s administration on Friday to stop construction on a $400 million ballroom on the site of the White House’s demolished East Wing, dealing the Republican leader a major setback in a case testing his presidential authority.
“Each president is a temporary tenant, not the owner, of the White House,” and cannot fundamentally reshape it without congressional approval, the Washington-based US Court of Appeals for the District of Columbia Circuit said in a 2-1 opinion.
The order upheld a preliminary injunction won by the National Trust for Historic Preservation, which sued last year after the administration tore down the East Wing and began building a 90,000-square-foot (8,360-square-meter) ballroom without seeking authorization from Congress.
“Whether or not a massive ballroom should be constructed is for Congress to decide and is not a matter for Executive self-help,” the panel’s majority wrote.
The appeals court placed its ruling on hold for 14 days to allow the Trump administration to appeal to the US Supreme Court.
Trump, who has increasingly claimed that the ballroom project is a security necessity, referred to the structure as a “military center” in a post on Truth Social on Friday and said the administration would appeal to the Supreme Court. He called the decision “horrendous” and politically motivated and said it left him, other White House officials and visitors exposed to attack.
“This unjust decision must be overturned by the Supreme Court in its entirety,” Trump wrote. He said the ballroom plan includes bomb shelters, medical facilities, shielding from drones and missiles and other security features that are “all tied together as one big, expensive, and very complex unit.”
National Trust President Brent Leggs said in a statement that the ruling marked “a great day for our country and for the American people’s right to voice their opinions about the historic places they cherish, including the White House.”
Trump appealed after US District Judge Richard Leon, an appointee of Republican former President George W. Bush, twice blocked above-ground construction on the site while allowing underground work to continue.
The ballroom plan, which the administration has described as necessary for large formal functions and to preserve the safety of the White House, is the grandest of several Trump efforts to reshape central Washington’s landscape of government buildings and national monuments.
A judge in a separate lawsuit recently said Trump’s name was illegally added to the exterior of the Kennedy Center performing arts venue and ordered its removal.
Appeal to national security
In the ballroom case, Justice Department attorney Yaakov Roth said during D.C. Circuit arguments on June 5 that the courts have no role in weighing the privately funded project. He said the National Trust’s “architectural preference” should not take precedence over national security concerns, claiming evidence that the former East Wing left the president and others in the White House vulnerable to attack.
The Democratic-appointed judges in the appeals court’s majority — Circuit Judges Patricia Millett and Brad Garcia — said their order does not permanently bar construction of a ballroom, but halts above-ground work during the lawsuit and until the White House secures approval from Congress.
National security arguments “are not an automatic get-out-of-law-free card,” the opinion said.
“The bold assertion that the Executive can act with utter lawlessness, destroying treasured national landmarks and harming the interests of individuals, and that no court can stop it flouts our constitutional order,” the judges wrote.
Circuit Judge Neomi Rao, whom Trump appointed during his first term, said in her dissent that the trial judge’s injunction blocking the project “is beyond the proper province of the federal courts” and that construction should be allowed to continue.
“The district court seized supervision of construction at the White House, and my colleagues affirm this judicial overreach,” Rao wrote.
Trump has defended his ballroom’s price tag, which has doubled from initial projections. Trump said in a post on Truth Social in May that the cost rose because “it is approximately twice the size, and a far higher quality, than the original proposal” and promised “it will be magnificent, safe, and secure!”
