The U.S. Court of Appeals for the District of Columbia Circuit ruled Friday that President Donald Trump cannot unilaterally construct the 90,000-square-foot facility where the White House East Wing stood before its demolition last fall. The three-judge panel’s decision marks a significant check on executive power, pausing the biggest structural change to the executive mansion in over 70 years. The court stayed its ruling for two weeks to allow the administration time to appeal to the U.S. Supreme Court.
The DC Circuit Court Limits Executive Power
In a 2-1 decision, the appeals court sided with historic preservationists who sued to stop the massive structure from rising aboveground on the east side of the White House. The majority emphasized that the power of the purse and construction authorization belongs to the legislative branch. “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.
The ruling affirmed an April 16 order by Judge Leon, a George W. Bush nominee, who halted aboveground work while permitting underground construction of bunkers and security facilities to proceed. The appeals panel consisted of Judges Patricia Millett and Bradley Garcia, who backed the decision, and Judge Neomi Rao, a Trump nominee who dissented. The court clarified that its ruling does not judge the policy merits of the ballroom, only the legal requirement for authorization. “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 decision stated.
Funding Battles and National Security Claims
The Trump administration has aggressively pushed the project forward by framing it as a critical national security installation. The president reacted to the ruling on social media, quoting from Judge Rao’s dissent. He detailed plans for the facility to include bomb shelters, a hospital, medical facilities, and “Top Secret Military Facilities.” Trump framed the court’s intervention as a direct threat, stating, “The Military and Secret Service are viewing this horrendous, politically motivated, and unlawful ruling as a National Security threat to our Nation.”
Government attorneys have argued that the upgrades are essential to protect the president, his family, and staff from drones, ballistic missiles, and biohazards. However, the funding mechanisms for the $400 million project remain heavily disputed. The Trump administration requested $1 billion for the ballroom, which Congress explicitly refused in May. In June, Democratic lawmakers warned that $350 million from a tax cuts law appeared to have been redirected toward the construction. Trump has insisted that congressional approval is unnecessary because he raised hundreds of millions from private corporations and wealthy individuals, including himself, to cover the costs. Federal property management statutes, however, generally require legislative oversight for major structural changes to federal assets, regardless of the funding source.
Historic Preservationists Defend the White House
The lawsuit was initiated in December 2025 by the National Trust for Historic Preservation, just one week after the East Wing was demolished to make way for the ballroom designed to hold 999 people. The group argued successfully that the lack of a White House ballroom does not constitute a national security emergency.
Brent Leggs, the group’s president and CEO, praised the DC Circuit Court’s decision. “From the beginning, our position has been clear and consistent: the law states that only Congress can authorize the construction of a ballroom at the White House,” Leggs said in a statement. The ruling affirmed the American people’s right to voice opinions about historic places they cherish.
Friday’s decision is the second time this week the administration’s ambitious construction plans in the capital have faced serious scrutiny. An assessment by the National Park Service found that a 250-foot-tall triumphal arch proposed by Trump could compromise the historical significance of dozens of sites near its planned location between the Lincoln Memorial and Arlington National Cemetery. Despite the court setbacks, the ballroom project did secure final approval on April 2 from the 12-member National Capital Planning Commission, which oversees federal construction in the Washington region.
What Happens Next
The Trump administration is now preparing an emergency appeal to the U.S. Supreme Court, setting up a major test of executive authority over federal property and spending. If the high court declines to intervene, the administration will be forced to halt all aboveground construction indefinitely or seek a specific appropriation from a divided Congress. The legal battle will also force the judiciary to weigh the administration’s expansive national security claims against established historic preservation laws.
The case highlights a growing friction between the executive branch’s vision for modernizing the seat of presidential power and the statutory frameworks designed to protect it. Watch for the Supreme Court to potentially rule on the emergency stay application within the next two weeks, determining whether construction can continue while the broader constitutional questions are litigated. The outcome could redefine the limits of presidential self-help in altering iconic national landmarks.
— Omar Hassan, politics desk, AXO News