In a 5-4 ruling Monday, the U.S. Supreme Court allowed construction to continue on President Trump’s new White House ballroom.
The court rejected a challenge from the National Trust for Historic Preservation that sought to block the work. In March, a lower court ruled in favor of the preservationist group, saying that the Trump administration had exceeded its authority in demolishing the old East Wing of the White House and building a massive, 90,000-square-foot ballroom in its place. That ruling was placed on hold as the issue played out in the courts.
Monday’s ruling upholds a temporary order issued by Chief Justice Roberts on August 21 that allowed aboveground construction on the ballroom to continue. Work underground at the site, which includes a military bunker, has continued throughout the process. The White House said earlier this month that the construction of the ballroom is already 65% complete.
The five justices in the majority — in an unusual alignment, Roberts joined the three liberals on the court in the minority — ruled that the National Trust for Historic Preservation was unlikely to prevail since it appeared to lack standing in the case. The majority did not address the legality of the ballroom project itself.
In his dissent, Roberts said the ballroom project was “likely unlawful.”
“The White House is not just any building,” Roberts wrote. “In failing to appreciate as much, the court misconceives the plaintiff ’s injury, allowing the executive’s likely infringement of the legislature’s power of the purse and authority to regulate federal property in the District of Columbia to continue.”