WASHINGTON – The Supreme Court on Aug. 21 said President Donald Trump doesn’t have to stop construction on his $400 million White House ballroom while the justices decide whether a judge wrongly paused the project.
Chief Justice John Roberts prevented the judge’s order from going into effect as scheduled on Aug. 21, giving the justices more time to consider the Trump administration's appeal of the ruling.
In response to a challenge from the National Trust for Historic Preservation, a federal district judge ruled this spring that only underground work on bomb shelters and other security-related components could move forward for now unless the president gets approval from Congress.
The National Trust for Historic Preservation had told the justices
that project would likely become irreversible unless it is stopped now.
The Justice Department said in its appeal that the construction, which includes an underground security complex, is 65% complete and has “passed the point where major changes” to the design are feasible.
A federal appeals court backed that decision this month in a 2-1 opinion, but kept the order from going into immediate effect to give the administration time to appeal.
“It is Congress’s job to ensure that any major construction and security projects at the White House will protect the safety of all Presidents, present and future, while preserving the historical and architectural significance of this unique location,” the U.S. Court of Appeals for the D.C. Circuit said in a ruling that referred to the White House as “the People’s House.”
Circuit Judge Neomi Rao disagreed, writing in her dissent that the district court judge had improperly seized control of construction in his March ruling.
“The government should not be forced to rely on the district court’s architectural approval to secure the President’s home and office,” Rao wrote.
Rao was appointed to the U.S. Court of Appeals for the D.C. Circuit by Trump. The two judges who upheld the district judge’s ruling – Patricia Millett and Brad Garcia – were appointed by Democratic presidents.
Last October, Trump bulldozed the East Wing to begin construction of a 90,000-square-foot ballroom paid for by private funds.
The administration argued that congressional approval is not needed and that the National Trust for Historic Preservation can’t challenge the ballroom based on a trust member’s “subjective preference” about how the White House should look.
The administration also heavily emphasized security concerns, including Trump’s reference to the structure as a “military center.”
"The Project is critical for ensuring that the White House can serve as a secure location for the gathering of the President, gathering of senior government officials, and gatherings that further the interests of the United States," Director of National Intelligence Jay Clayton told the Supreme Court in the appeal.
Because the materials being used are meant to withstand even nuclear blasts, there would be no way to take down or even alter the building if courts issued such an order at the end of the legal battle, according to the Justice Department.
The National Trust for Historic Preservation said the administration’s “striking admission” that the project is “on the brink of a fait accompli” was exactly why construction needed to be stopped to prevent the administration from outrunning the courts.
Trump, whose background is in real estate, has made several changes in the White House, including replacing the Rose Garden lawn with a paved patio and gilding the Oval Office.
For years, Trump has been pushing for a ballroom in the White House that would accommodate large gatherings, such as state dinners. He has lamented the fact that many of the fancy affairs in the past were held in tents.
The National Trust for Historic Preservation has argued that the project's size would "overwhelm the White House itself.”
Before the court ruling, the administration said construction is expected to be finished a few months before the end of Trump's term.
This article originally appeared on USA TODAY: Supreme Court keeps White House ballroom construction on track for now
