The Supreme Court on Monday allowed Trump to move forward with construction of the ballroom, which had been partially blocked by lower courts. Divided 5-4, the Supreme Court granted an emergency request filed by the Trump Administration earlier in August, staying the lower court rulings.
The Supreme Court ruled on procedural grounds that the trust likely does not have legal standing to sue. The court did not rule on the legality of the construction.
The decision comes after Chief Justice John Roberts issued a temporary stay on the lower court injunction on Aug. 21, allowing above-ground construction to proceed while the full court deliberated.
“The ballroom is a building or structure being erected on federal park grounds—President’s Park—in the District of Columbia. Yet Congress has not passed any law resembling ‘express authority’ for the Executive’s construction of it,” Roberts wrote.
“I am pleased to report that the United States Supreme Court has just ruled in favor of the Ballroom/Military Complex being built without any further contingency, doubt, or threat,” Trump wrote. “We are living in the Golden Age of America, and this Building will be one of the Greatest ever constructed in Washington, D.C.”
The project is part of Trump’s broader effort to leave a permanent legacy on the U.S. capital. Since signing an executive order last March to “beautify” Washington, the Administration has completed a renovation of the Reflecting Pool, pursued an overhaul of the Kennedy Center, and announced plans to erect a 76m arch. Trump also began renovating the “horrible” front of the White House in July.
The Supreme Court’s majority said the trust likely lacked standing as the court had not previously recognized legal standing “in circumstances like these.”
Roberts, in his dissent, wrote that a “historic preservationist such as Hoagland can be aesthetically injured in a concrete, particularized way by the transformation of a historic building that she frequently enjoys.”
The Justice Department argued that the White House had authority for the construction under other federal statutes. It also argued that the project was necessary for national security reasons, citing an alleged assassination attempt on Trump during the White House Correspondents’ Association dinner in April, as well as other alleged attacks and threats against the President.
The Supreme Court majority concluded that halting construction at this stage would likely cause “irreparable harm” to the government.
On Aug. 7, the U.S. Court of Appeals for the District of Columbia Circuit upheld the preliminary injunction, concluding that the Administration could not construct the ballroom during litigation without obtaining congressional approval.
The trust’s president and CEO Brent Leggs said in a statement on Monday that the organization was “deeply disappointed in the Supreme Court’s ruling.” He noted that “the majority did not weigh in on whether the ballroom project was in fact legal.”
‘Golden Age’
Construction began last October with the demolition of the East Wing of the White House. Built in 1902 during Theodore Roosevelt’s presidency and expanded in 1942, the East Wing had housed the offices of the first lady and the White House movie theater.
The Administration has estimated that the project will cost $400 million, up from an initial estimate of $200 million. It has said that the ballroom is funded entirely through private donations, although it said taxpayer funds would pay for security and military components of the project.
There was initially little congressional appetite to authorize the project. But after the April shooting, some congressional Republicans rallied behind the project. Three Republican Senators introduced legislation to authorize $400 million in federal funding for the overall project. Senate Republicans later proposed a separate $1 billion appropriation for broader Secret Service needs, which included security features associated with the project, although the provision was ultimately removed from the legislation before it passed Congress.
The Administration said in court filings that a 250-person crew has been working 20 hours a day, seven days a week.
“The Project, despite the baseless lawsuit brought by the so-called National Trust for Historic Preservation of the United States, which is not in any way affiliated with the United States Government, is under budget and ahead of schedule,” Trump wrote on Monday.
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