Chief Justice John Roberts, in a one-sentence order, stayed a federal district court judge’s injunction that barred further development. The move gives the full Supreme Court more time to consider the Trump Administration’s request to keep the injunction on hold while it seeks further review. However, there is no established timeline for when Roberts or the Court might take further action.
“We reiterated that the Administration has no unilateral legal authority—constitutional, statutory, or otherwise—to build a Ballroom on the site of the now-demolished East Wing, unless and until Congress expressly approves,” the National Trust for Historic Preservation said in a statement last week. “Each court that has reviewed this case has agreed with the National Trust. We hope the Supreme Court will uphold the rule of law by stopping this illegal project.”
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“We are grateful for the Decision of the United States Supreme Court,” Trump said. “The Military/Ballroom Complex being built on the hallowed grounds of the White House, which is so vital for National Security, will be THE GREATEST OF ITS KIND!”
Two lower-court decisions brought the dispute before the Supreme Court.
The second decision came when the Trump Administration appealed, and a D.C. Circuit panel upheld the modified injunction. In its August ruling, it said that each President is a “temporary tenant, not the owner,” of the White House.
“The court is saying, ‘We just need to stop the bleeding right now, because if this continues, it'll just cause more harm,’” she tells TIME.
The case was put in front of Roberts, who oversees emergency appeals filed in the D.C. Circuit.
In this case, it paused the preliminary injunction originally handed down by Leon. Therefore, the stop-work order was put aside for the time being, allowing construction to continue.
Is Trump building a ballroom or a military complex?
Trump’s 90,000-square-foot construction project comprises a luxury ballroom—which is meant to host 650 seated guests—with an underground military complex beneath it, featuring “protective missile resistant steel columns, beams, drone proof roofing materials, and bullet, ballistic, and blast proof glass,” according to one court document.
In making his injunction determination, Leon said: “Defendants themselves distinguished between below-ground and above-ground construction, stating that ‘the below-surface work is driven by national security concerns independent of the above-grade construction.’”
“Every day the President does not have access to the vital security features of the military complex presents unacceptable risk, no matter how long the Project takes to complete,” Solicitor General John Sauer argued in court filings last week. “Built with integrated engineering, the Project will provide in a very large way, a ‘safe room’ for the Presidency and the continuity of government.”
In court documents, it claimed the former building “cannot protect guests against inclement weather, let alone high-powered weapons.”
He told reporters in March on Air Force One that the ballroom would become a “shed for what’s being built under” and that it would have its own security features, such as bulletproof glass.
Could construction outrun judicial review?
In Trump’s post on social media Friday, he said that construction of the ballroom “is under budget and ahead of schedule.”
Lawyers for the National Trust accused the Trump Administration in a court filing earlier this month of “trying to outrun judicial review,” pointing to the Administration’s own assertion that the structure will soon be “virtually impossible to deconstruct.”
“This is the Supreme Court greenlighting unconstitutional, lawless behavior by the President,” Wehle says. She questions whether the President is being accommodated because it seemed like the project had gone too far and might be harder to undo at this point than to simply finish—especially when weighing the potential harm to the public in terms of cost, damage, and timeline.
“That is a precedent that says the law is optional,” she explains. That could embolden future strategies to act first and ask permission second, if at all.
If the project were ultimately found unlawful after construction was substantially or entirely complete, the case could present unusual questions about what remedy remained available—including whether a court could order the structure altered or removed.
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