By John Kruzel
WASHINGTON, Aug 31 (Reuters) – The U.S. Supreme Court in a 5-4 ruling on Monday let Donald Trump’s administration continue construction of his White House ballroom complex while the president challenges a judicial order that would halt much of the development, with Chief Justice John Roberts in a dissent calling the project “likely unlawful.”
The court granted the administration’s request to block a lower court’s order halting above-ground construction of the $400 million ballroom while a lawsuit by a historic preservation group seeking to stop the project proceeds.
The nonprofit National Trust for Historic Preservation sued last year after the administration tore down the White House East Wing and began building a 90,000-square-foot (8,360-square-meter) ballroom without seeking specific approval from Congress. Trump has said the ballroom will be “the greatest of its kind ever built.”
Monday’s ruling, lauded by Trump, was powered by five of the court’s six conservative justices. They wrote that the plaintiffs lacked the necessary legal standing to sue. They also said the government would likely suffer “irreparable harm” if the project were blocked, citing national security concerns.
Roberts was the only conservative justice to dissent. He was joined in his dissent by the court’s three liberal justices.
The ballroom construction is “likely unlawful,” Roberts wrote, noting that Congress has “plenary constitutional authority over the District of Columbia and federal property” and that it has prohibited structures from being built on federal government grounds in Washington, D.C., without its authorization.
“The ballroom is a building or structure being erected on federal park grounds — President’s Park — in the District of Columbia. Yet Congress has not passed any law resembling ‘express authority’ for the Executive’s construction of it,” Roberts wrote.
‘THE GOLDEN AGE’
Trump in a social media post welcomed the ruling and called the legal challenge baseless.
“I am pleased to report that the United States Supreme Court has just ruled in favor of the Ballroom/Military Complex being built without any further contingency, doubt, or threat. We are living in the Golden Age of America, and this Building will be one of the Greatest ever constructed in Washington, D.C.,” the Republican president wrote.
The project combines the above-ground ballroom with an extensive underground complex. Trump has said the project includes bomb shelters, medical facilities, shielding from drones and missiles and other security features that are “all tied together as one big, expensive and very complex unit.” Construction continues on the lower levels of the ballroom structure, with walls and floors visible.
Brent Leggs, president and CEO of the National Trust for Historic Preservation, expressed disappointment with the court’s ruling. Leggs said the dissent written by Roberts “reiterated what we have maintained from the start of our case — that construction of the White House ballroom is unlawful.”
Leggs urged the Supreme Court to fast-track the Trump administration’s expected formal appeal, vowing that his group will “continue to advocate with our partners on behalf of the American people, the democratic values of our nation and the preservation of our country’s most historically significant places.”
In an August 14 Supreme Court filing, Justice Department lawyers echoed Trump’s contention that the project is a security necessity, citing assassination attempts against the president and other recent threats.
“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,” they wrote.
‘A TEMPORARY TENANT’
On August 7, the U.S. Court of Appeals for the District of Columbia Circuit in a 2-1 ruling upheld U.S. District Judge Richard Leon’s order directing the administration to halt above-ground construction.
“Each President is a temporary tenant, not the owner, of the White House,” and cannot fundamentally reshape it without congressional approval, the D.C. Circuit’s ruling stated.
Leon’s order did not permanently bar construction of a ballroom. It blocked above-ground efforts while allowing below-ground construction to continue, as well as work deemed “strictly necessary” for the safety and security of the White House. In its ruling, the D.C. Circuit said national security arguments “are not an automatic get-out-of-law-free card.”
The Justice Department said in its August 14 filing that the overall project — including both the underground facilities and the above-ground ballroom — was 65% complete.
Trump has said the ballroom project is a security necessity, and has referred to the structure as a “military center.” Trump said the D.C. Circuit’s decision left him, other White House officials and visitors exposed to attack.
The project is part of Trump’s broader efforts to reshape the Washington landscape, including plans to build a 250-foot (76-meter) arch and revamp the Kennedy Center, a cultural landmark and performance center.
The demolished East Wing housed the first lady’s offices and the White House movie theater. It was originally built in 1902 during Theodore Roosevelt’s presidency and greatly expanded in 1942 during Franklin Roosevelt’s presidency.
The Supreme Court, with its 6-3 conservative majority, has frequently ruled in favor of Trump in his second term in office, with some notable exceptions, as he has pushed to expand his powers in domestic affairs and foreign policy.
(Reporting by John Kruzel with additional reporting by Andrew Chung and Bo Erickson; Editing by Will Dunham)
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