President Donald J. Trump speaks with members of the media next to the ongoing construction of the East Wing and Ballroom, Tuesday, May 19, 2026.
Official White House Photo by Joyce N. Boghosian

Court Orders Halt to East Wing Construction

I question the timing.

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Comments

AP (“Appeals court rules Trump can’t build White House ballroom without congressional approval“):

A divided federal appeals court ruled Friday that President Donald Trump’s administration must stop construction of the $400 million White House ballroom because Congress has not approved the project, a decision he blasted as “unjust” while vowing to appeal it to the nation’s highest court.

Trump doesn’t have the unilateral authority to build a 90,000-square-foot (8,400-square-meter) ballroom where the White House’s East Wing stood before he ordered its demolition last fall, according to the decision by a three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit.

The Republican president said on social media that the administration will immediately appeal what he called an “unjust decision” to the U.S. Supreme Court.

[…]

In a 2-1 decision on the ballroom, the appeals court sided with historic preservationists who sued to stop construction of the massive structure, which has begun to rise above ground on the east side of the White House, according to the most recent aerial photos of the site. The court said it would stay its ruling for two weeks to give the administration time to appeal to the Supreme Court.

“Whether or not a massive ballroom should be constructed is for Congress to decide and is not a matter for Executive self-help,” the court wrote.

“This holding has nothing at all to do with whether the proposed ballroom is desirable, or not, as a matter of policy. This ruling does not even necessarily mean that the Defendants may not ultimately construct the ballroom.

“What it does mean,” the court continued, “is that the Defendants may not do so during the district court’s expeditious litigation without securing Congress’s authorization, as the Constitution and laws require.”

The ruling would seem obvious from a plain reading of the Constitution. But, of course, the President has already demolished the existing structure. What choice, really, does Congress have but to finance construction?

I suppose they could require reconstructing it as it was. Or that the ballroom be smaller, so as to fit in better architecturally with the historic mansion. But, by simply knocking the old struture down without permission, Trump has achieved a fait accompli.

19 responses to “Court Orders Halt to East Wing Construction”

  1. I believe the courts have said that above-ground construction must stop, but that the below-ground work — ie, the actual new deep security bunker — may proceed.

  2. What choice, really, does Congress have but to finance construction?

    To order a two year study on how best to restore the east wing to a functional state that will serve future administrations, rather than the whims of one overgrown toddler.

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    1. @Kathy There’s a longstanding consensus, reinforced by recent security concerns, that a White House ballroom would be a welcome addition. I agree that Congress (and appropriate planning commissions) should be involved. But a two-year delay basically means the White House campus will be dysfunctional well into the next administration.

      1. Has the White House done anything like submit a list of events that the President currently attends that would be better served by a ballroom the size of the one planned? Or even new events Trump would like to host that are impractical (for size or security reasons) to hold in the East Room? The WHCA dinner shouldn’t count — its primary purpose is to raise money for the WHCA’s charities by selling seats and tables, and the new ballroom would only seat a third as many people as the Hilton does.

        1. @Michael Cain Presidents routinely hold state dinners larger than would fit in the East Room. The solution has been to hold them on the White House lawn under tents.

      2. The point of my suggestion is to deny the overgrown toddler any further say in the matter.

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      3. American presidents hosted 10 White House state dinners during the 10-year period from August 9, 2016, through August 9, 2026. It’s absurd to spend hundreds of millions to build a ballroom for one annual event. There are several hotels and convention centres in Washington which could be hired for the occasion.

        Buckingham Palace’s state dining room holds about 170 guests; Canada’s Rideau Hall 130. The Australian governor general hosts state dinners on the lawn.

        Biden’s 2022 dinner for French President Emmanuel Macron was an unusually large one, with about 338 guests in a South Lawn pavilion. Trump’s ballroom will hold twice as many. In other words Trump simply wants a grandiose structure to stand as one of his memorials. It’s correct that something will have to be built, but it should be a less expensive structure on a suitable scale with the residence. As for it being a “military base” complete with drones on the roof, which Trump now claims is necessary for the security of DC, words fail me.

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      4. Jay L. Gischer Avatar
        Jay L. Gischer

        If the need for this improvement is so clear and obvious, and I’m not saying it isn’t, then what’s wrong with using the normal processes to get it done? It should have bipartisan support, right?

        Why wasn’t that done? Why didn’t Joe Biden try to move this forward?

        I am not saying you are wrong. I am saying that there is more to this story. That’s always how it is with Washington politics. There’s always more to the story. Personalities, petty feuds, something something something.

  3. The security bunker is one issue, the ballroom another. No one, with a straight face, can say that this president or future prez’s will only attend events in a WH ballroom, so the security argument is moot. The true argument is what would serve the needs of a future administration better, modern functional office space that can be used daily or a ballroom that may be used several times a year?

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  4. Trump is not an autocrat who can personally decide on projects, and as we have seen in the example of the reflecting pool, his competence to order projects is not unquestionable. He does not have the ability nor the authority to make this kind of decision.

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  5. Preserve documents and prosecute the workers who actually tore it down. It will have to wait for the next Democratic administration, but we’ve tried the “look forward, not backward” in the Biden admin.

    There needs to be a very clear change in the culture that “just following orders” can land your ass in court and then jail.

    (Ideally we would have state prosecutors doing this now for administration crimes — but this particular one likely has no state component, unless Virginia has some law against taking a backhoe out of state to destroy a federal building without congressional authority.)

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    1. @Gustopher The orders of the President are presumptively legal for Executive Branch employees. OLC could certainly (and likely has) ginned up an opinion explaining why this falls within the President’s Article II powers.

      1. Just to be clear, you are saying that “just following orders” is a valid legal defense that should provide immunity.

        A future administration, let’s randomly say a Katie Porter administration a she seems vindictive, could argue that that orders were obviously and manifestly illegal. They would definitely have to make that case, but I don’t think it’s impossible.

        Further, a backhoe operator probably does not have the resources to defend himself against the full power of the Justice Department — and bogging down right wing legal groups providing aid seems like a perfectly fine scenario.

        (And do we know those were executive branch employees and not contractors? Not sure of all the ramifications, but I would expect less protections for contractors — “he hired me to do obviously illegal shit” is a weaker defense)

        1. @Gustopher Executive branch employees have to be able to operate on the assumption that orders from higher are legally vetted. It would be chaos otherwise.

          And you really want to go after blue-collar workers for showing up at their construction job? You expect backhoe operators to ensure that the general contractor has all the permits in order? And want to ruin them financially if they’re not?

  6. But, by simply knocking the old structure down without permission, Trump has achieved a fait accompli.

    Thwarting such an “achievement” alone is worth it, IMHO.

    Building it back as it was or building a ballroom that passes muster with historic preservationists, following the appropriate Congressional review, would both be admirably anti-authoritarian actions.

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  7. I can only say that if any UK government had proceeded in this fashion, they would now be an ex-government.
    The whole thing is just Trump being Trump.
    Bigly.

    1. C’mon, man, Windsor Castle is falling down! King Charles should demolish the Lower Ward and build a proper ballroom in the Roman style. And put a helipad on the East Terrace Garden!

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  8. Unable to log in as charontwo since many weeks now.

    Using google to log in via wordpress, discovered wordpress knows this identity, one I had totally forgot existed.

  9. Just Another Ex-Republican Avatar
    Just Another Ex-Republican

    If Trump’s legal theory holds there is nothing that would stop a future President from knocking his ballroom down and creating a new fait accompli.

    We are such a joke of a country any more.