Roberts Stays Lower Court, Lets Trump Ballroom Proceed

Chief Justice Roberts paused a lower court injunction, letting Trump's $400M White House ballroom continue while SCOTUS weighs the case.

Chief Justice John Roberts on Friday issued an administrative stay that temporarily blocks a lower-court injunction from taking effect, allowing the Trump administration to continue above-ground construction on its White House ballroom project. According to PBS, the order came hours before lower-court rulings would have forced a halt to aboveground construction. CNBC reports the stay arrived on the same day the injunction was scheduled to take effect. SCOTUSblog describes the stay as a brief, one-sentence order that did not indicate when the justices might act on the government's broader request. The order was signed by Roberts because he oversees emergency appeals from cases filed in Washington, D.C., as PBS notes. The stay gives the full Supreme Court time to consider the Trump administration's emergency request to intervene in the litigation.

The legal battle traces back to a preliminary injunction issued by U.S. District Judge Richard Leon, a George W. Bush nominee. According to ABC News, Leon ruled on March 31 that Trump "is not...the owner!" of the White House and declared, "Construction has to stop!" unless Congress authorizes the project. PBS reports that Leon's order barred above-ground construction but allowed underground work on bunkers and military installations to proceed. SCOTUSblog and PBS both report that the U.S. Court of Appeals for the D.C. Circuit affirmed Leon's ruling on August 7, giving the government 14 days to seek Supreme Court relief. PBS notes that two appeals-court judges appointed by Democratic presidents found the project was "not a matter for Executive self-help," while a third judge, appointed by Trump, concluded the preservationist group lacked standing to sue.

The planned ballroom is a 90,000-square-foot addition on the site of the former East Wing, which was demolished last year, according to multiple sources. SCOTUSblog and PBS both report that the project is 65% complete, with a 250-person crew working 20 hours a day, seven days a week. PBS further reports that approximately $200 million in private donations has been spent or committed, according to court documents filed by the Justice Department. The total project cost is reported at $400 million by both PBS and CNBC. NPR, however, reports the ballroom is estimated to cost taxpayers at least $300 million, despite the president saying taxpayers would not foot the bill. The administration contends the ballroom will house national security features including bomb shelters, a hospital, sniper nests, and a drone port, according to NPR.

The Trump administration argues that the president has total authority to renovate the White House and other federal buildings, and that the ballroom is vitally required by national security, as PBS reports. Solicitor General D. SCOTUSblog reports that Sauer told the justices Congress has already authorized the project by giving presidents power to make alterations and improvements to the White House. The National Trust for Historic Preservation, represented by Tad Heuer of Foley Hoag, counters that the administration is trying to "outrun judicial review" by fast-tracking construction. PBS reports the preservation group's lawyers accused the White House of accelerating construction to present the court with a fait accompli. The trust argues Trump has no unilateral authority to undertake the work without congressional approval.

President Trump praised the decision on Truth Social, writing, "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!" as reported by both CNBC and NPR. CNBC reports that Senate Minority Leader Chuck Schumer blasted the action, calling the Court's move "rubber stamping Trump's vanity-driven, gilded corruption" and accusing the administration of wasting money on "Trump's pet projects." According to NPR, an April poll from Washington Post-ABC News-Ipsos showed 56% of Americans disapproved of Trump's decision to tear down the East Wing and build the ballroom. The project has also involved closing off access to the north side of the White House and Lafayette Park, which were previously open to the public, NPR reports.

The administrative stay is temporary and could be lifted by the full Supreme Court, CNBC reports. PBS notes that the order will remain in place until the court issues a more durable decision, though the one-page document does not detail Roberts's reasoning or indicate when another ruling will come. SCOTUSblog similarly reports that the stay gave no indication of when the justices might act on the government's request. A spokesperson for the National Trust for Historic Preservation said Friday that the order is not a final decision and the group is awaiting further action from the court, according to PBS. The case reaches the Supreme Court as the Trump administration has scored a series of victories on the court's emergency docket, though PBS notes the justices have ruled against some of the president's signature policies after fuller review.