WASHINGTON — Supreme Court Chief Justice John Roberts is allowing the White House to continue construction on President Trump’s $400 million ballroom project for now.
Roberts signed a temporary order on Friday allowing work to continue while the court considers an emergency appeal from the Trump administration.
Lower courts had ordered a halt to the project, finding that it must have congressional approval. That ruling was set to take effect on Friday. Roberts signed the order because he oversees appeals of Washington-based cases.
The case comes before the nation’s highest court as Trump, a Republican, exercises unparalleled assertions of presidential power and increasingly seeks to mold the capital in his own image.
The Trump administration has scored a series of victories on the high court’s emergency docket, though the justices have ruled against some of the president’s signature policies after fuller review.
The administration has argued that the president has total authority to renovate the White House and other federal buildings as he sees fit and that the ballroom project must be completed due to national security concerns.
When Trump first announced the plans for a new ballroom, he did not emphasize national security. He said the project would be funded by private donations, including from himself.
The National Trust for Historic Preservation argues that Trump has no unilateral authority to undertake the work, which has included demolishing the East Wing. Lawyers for the preservation group accused the White House of trying to “outrun the courts” by accelerating construction.
The Trump administration says 65% of work has already been completed on the planned 90,000-square-foot (8,400-square-meter) ballroom, where the East Wing stood before the president ordered its demolition. Crews are working 20 hours a day, seven days a week on the project, where about $200 million in private donations has been spent or committed, Justice Department attorneys said in court documents.
A district court judge ordered a stop to aboveground construction of the planned ballroom in April in a ruling that was suspended before being upheld by an appeals court panel. The order from U.S. District Judge Richard Leon in Washington allows belowground work on bunkers and military installations to continue. Leon was nominated by President George W. Bush, a Republican.
Two appeals-court judges appointed by Democratic presidents found the project was for Congress to decide and “not a matter for Executive self-help.” A third judge, appointed by Trump, found that the preservationist group that challenged the project had no legal right to sue.
Solicitor General D. John Sauer picked up on that argument, calling the decision halting the work “extraordinary and unlawful.” He said the completion of the project was “vitally required by national security.”
Whitehurst and Kunzelman write for the Associated Press.
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