Trump asks Supreme Court to let White House ballroom construction continue during appeal

The petition

The solicitor general, D. John Sauer, filed the emergency request on Friday, asking the justices to keep on hold an August 7 ruling by the U.S. Court of Appeals for the District of Columbia Circuit. The divided three-judge panel ruled 2-1 that Trump must stop the ballroom's above-ground construction because Congress has not approved the project. The lower court suspended its own ruling for two weeks, giving the administration until August 21 to seek Supreme Court intervention. Chief Justice John Roberts set a deadline of Tuesday for a response from the plaintiffs challenging the project. Sauer argued that the injunction would place a district judge as the sole arbiter of what construction is needed to protect the president.

This case involves an extraordinary and unlawful injunction that will halt the ongoing construction of the integrated military complex, including a totally secure ballroom space, at the East Wing of the White House, which is vitally required by national security.

The project and its legal history

Trump ordered the demolition of the White House's East Wing in October to build a 90,000-square-foot (8,360-square-meter) ballroom, which would exceed the presidential residence in size. The National Trust for Historic Preservation, a nonprofit dedicated to protecting historic buildings, filed a lawsuit in December after the East Wing was torn down and work began. In April, District Court Judge Richard Leon ordered a halt to above-ground construction, while allowing underground work, including bunkers and military and medical facilities, to continue. The DC Circuit upheld that order on August 7.

Whether or not a massive ballroom should be constructed is for Congress to decide and is not a matter for Executive self-help.

The two majority judges were appointed by Democratic presidents. The dissenting judge argued the plaintiffs lacked standing to sue. Trump called the appeals court decision a "national disgrace."

Security arguments

The Justice Department has framed the project as a national security necessity, describing it as an "integrated military complex" rather than a simple reception hall. The filing cited the July 8 missile threat against Air Force One when Trump was flown out of Turkey aboard a secret flight, and other assassination attempts, including one at the White House Correspondents' Dinner. Director of National Intelligence Jay Clayton was cited saying the project is "crucial for ensuring that the White House can be used as a secure location for meetings of the president and senior officials." White House official Joshua Fisher wrote in the appeal that the underground complex is built to withstand "bombs, rockets, missiles, even nuclear blasts," and that any delay will "jeopardize everything we have done so far."

Costs and controversy

The project was initially estimated at $200 million, with Trump saying it would be funded entirely by private donations. The projected cost has since risen to $400 million. The Washington Post reported the project could cost about $600 million, with taxpayers covering roughly half, and that total White House renovations have cost at least $900 million. Democrats say Trump's tax law is helping pay for the ballroom, while Congress has not approved a request for additional funding.

The project is 65% complete with a scheduled completion of August 2028. The National Trust accused the administration of trying to "outrun the courts" by accelerating construction, citing plans to install 1 million pounds of rebar and pour 3,000 cubic yards of concrete in the coming week. New renderings released with the appeal show a gilded Great Seal of the United States and gold-colored interior trim, additions that may require review by the Commission of Fine Arts, whose members were all appointed by Trump.