President Donald Trump has taken another major legal battle directly to the Supreme Court after suffering a setback that threatens to halt one of his most ambitious projects in Washington.
The administration is asking the justices to intervene quickly, with Chief Justice John Roberts now setting a deadline for the other side to respond.
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At issue is Trump’s planned $400 million White House ballroom, with the administration asking the Supreme Court to allow aboveground construction to continue while it prepares a full appeal challenging a lower-court injunction.
The U.S. Court of Appeals for the District of Columbia Circuit ruled last week that the ballroom project lacked the necessary approval from Congress and upheld an order preventing aboveground construction from moving forward.
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The appeals court nevertheless paused its ruling until Aug. 21, giving the Trump administration an opportunity to seek emergency relief from the Supreme Court.
“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,” Solicitor General D. John Sauer wrote.
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Roberts subsequently ordered the National Trust for Historic Preservation, which brought the lawsuit challenging the project, to respond to the administration’s request by Tuesday.
Trump demolished the White House’s historic East Wing last year to make way for the ballroom, which he has repeatedly described as “a gift” to the American people.
The administration has also increasingly emphasized national security in defending the project, arguing that the ballroom cannot be separated from a sophisticated security structure being constructed underneath it.
While the lower courts blocked aboveground ballroom construction without congressional authorization, they have allowed work on the underground security structure to continue.
The administration argues that separating the two portions of the project misunderstands how the facility was designed.
“Every part” of the construction is “an integrated whole geared toward remedying security deficiencies and bringing critical improvements to the White House,” the government argued.
“The entire ballroom structure is designed to shield the military installation beneath it,” Sauer wrote.
Trump’s lawyers are therefore asking the justices to freeze the appeals court decision while the administration pursues a full appeal.
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The National Trust for Historic Preservation is urging the Supreme Court to reject that request and prevent the administration from continuing aboveground construction.
“The administration brazenly asserted to the DC Circuit Court of Appeals that even if Ballroom construction were unlawful, not even the supreme court had authority to stop it,” the organization said Friday.
“The administration’s transparent efforts to evade the rule of law, frustrate judicial review, and limit the availability of meaningful relief in the courts must stop here,” the group continued.
“The supreme court should deny the administration’s demand that it be allowed to continue ballroom construction while it appeals,” the National Trust added.
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The dispute presents another test of the limits of presidential authority, with the lower courts concluding that Trump cannot undertake the aboveground portion of the project without congressional approval.
The administration contends that Congress has already granted the executive branch sufficient authority to secure and maintain the White House complex and that the judiciary is improperly interfering with those powers.
The ballroom dispute also reaches the Supreme Court during a busy period of emergency litigation involving the administration.
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Trump’s Justice Department has turned to the justices in several disputes after lower courts temporarily blocked administration policies, including separate litigation involving efforts to restrict mail-in voting.
For the ballroom project, however, the clock is particularly important because the appeals court’s temporary pause expires Aug. 21, The Guardian reported.
That means the Supreme Court could soon determine whether construction remains frozen while the larger constitutional and statutory battle plays out or whether Trump can resume aboveground work as his administration pursues its appeal.
This article may contain commentary which reflects the author’s opinion.
