D.C. Circuit upholds injunction blocking Trump from building White House ballroom

The U.S. Court of Appeals for the D.C. Circuit ruled Friday that President Donald Trump lacked the legal authority to demolish the East Wing of the White House and replace it with a 90,000-square-foot ballroom. The court stated the project cannot proceed unless and until Congress approves it.

Court's Reasoning

"Each President is a temporary tenant, not the owner, of the White House and its Executive Residence," wrote Judge Patricia Millett, a Barack Obama appointee, in an opinion joined by Judge Bradley Garcia, who was nominated by Joe Biden.

"We are aware of no instance in American history in which a President unilaterally and using privately collected funds demolished substantial portions of the White House that Congress authorized to be built and American taxpayers paid for. Until now."

Background of the Case

The decision in National Trust for Historic Preservation v. National Park Service upholds a preliminary injunction originally issued by U.S. District Judge Richard Leon (a George W. Bush nominee) on March 31. The injunction was later modified to exclude underground construction and parts of the project deemed "strictly necessary" for security purposes.

Key procedural developments:

• Leon's order never took effect because the D.C. Circuit temporarily blocked it while the government's appeal was pending.
• The injunction remains on hold as the D.C. Circuit gave the Trump administration 14 days to file an appeal with the Supreme Court.
• President Trump has stated he will appeal to the Supreme Court.

Separation of Powers Affirmed

The D.C. Circuit's decision affirms the rule of law and the separation of powers by rejecting Trump's claim that he can do whatever he wants with the White House. According to Trump's logic, Judge Millett noted (citing Leon's opinion), "the President could bulldoze the entire White House and replace it with a new building of his own design, including a 'skyscraper.'"

Statutory Analysis

The government conceded that the Constitution assigns control of federal property to Congress but cited several statutes it argued authorized the East Wing replacement. The proposed structure would be 60 percent larger than the White House residence in square footage and more than three times as large in cubic volume.

The D.C. Circuit rejected this argument, quoting Justice Antonin Scalia's 2001 opinion: "Congress does not 'hide elephants in mouseholes.'"

Judge Millett wrote:

"If Congress, acting against the backdrop of other statutes that strictly limit construction within Park System units in the District of Columbia, and which require the government to jump through significant procedural hoops to accept even donations of furniture at the White House, wanted to convey to the President unchecked construction authority over the White House, we would expect it to do so with language saying just that."

Relevant Statutes

The court noted that Congress enacted 40 USC 8106, which states that "a building or structure shall not be erected on any reservation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress."

The Trump administration cited 54 USC 100101, which directs the National Park Service (NPS) to "promote and regulate the use of the National Park System by means and measures" aimed at conserving "the scenery, natural and historic objects, and wild life" of the system's units—including the White House and President's Park. The court found that demolishing a major component of the park does not constitute "conserving" a "historic object."