Appeals Court Says Trump Lacks Authority to Build White House Ballroom

A federal appeals court ruled Friday that President Donald Trump lacks the authority to build a $400 million ballroom at the White House without congressional approval.

The US Court of Appeals for the District of Columbia Circuit sided with historic preservationists who sued to halt construction of the 90,000-square-foot ballroom on the site where the White House’s East Wing stood before its demolition last fall.  

In response to the ruling, President Trump wrote in a Truth Social post that he “will be immediately appealing to the United States Supreme Court” and described the decision as “horrendous, politically motivated, and unlawful.”

Friday’s ruling marks the second legal setback this week for the president’s construction plans. A recent National Park Service assessment concluded that the 250-foot triumphal arch proposed by Trump could compromise the historical integrity of dozens of landmarks within the Memorial Avenue Corridor, such as breaking the symbolic alignment between the Lincoln Memorial, Memorial Bridge and Arlington House. 

In a 2-1 decision, the appeals court affirmed a lower court’s finding that the White House “very likely” lacked the authority to proceed with the ballroom project. In its opinion, the judges wrote that Congress has “full constitutional control over federal property and the funding of its maintenance and development,” citing the “absence of any express or implied authorization.”

Noting that the demolition of the East Wing has no precedent in American history, the court continued: “Each President is a temporary tenant, not the owner, of the White House and its Executive Residence. The President has no—and claims no—constitutionally assigned authority over that property, which is designed and maintained for the use of all Presidents, current and future, and for the American people.”

The judges stayed their ruling for two weeks to give the administration time to appeal to the US Supreme Court.

President Trump claimed Friday that the court’s decision “severely jeopardizes the lives and welfare of the people who work, and will be working, at the White House” because it would disrupt “the single, integrated project” of which the ballroom is a part. He said that broader project includes the construction of “bomb shelters” and “drone-proof” ceilings.

The appeals court’s ruling explicitly leaves in place a lower court decision allowing construction of the presidential bunker to continue.

Brent Leggs, the president and CEO of the National Trust for Historic Preservation, said in a statement that he was “pleased” with the ruling.

“This decision is particularly meaningful as we celebrate the 250th anniversary of the Declaration of Independence and advocate for renewed protections for historic preservation,” Leggs said. “The White House, a global landmark that symbolizes American identity and the ideals of democracy, belongs to the American people.”

In March, U.S. District Judge Richard Leon forcefully rejected the Trump administration’s arguments for building a ballroom on the former site of the East Wing in an opinion that included at least 17 exclamation points. The judge concluded “that the National Trust is likely to succeed on the merits because no statute comes close to giving the President the authority he claims to have.”