DOJ told D.C. Circuit no court has authority to block Trump's $400m White House ballroom

At the U.S. Court of Appeals for the D.C. Circuit on June 5, 2026, a Department of Justice lawyer told the panel that no court has the authority to halt construction of President Trump's $400 million White House ballroom or the associated secure underground facility, arguing that only Congress — not the judiciary — could stop the project. The administration is seeking to reverse District Judge Richard Leon's earlier ruling, which found the president lacked legal authority for the construction that sits on the site of the demolished White House East Wing.

The government's position was categorical. When Judge Patricia Millett asked whether the panel, the appeals court, or even the Supreme Court could order the building stopped, the DOJ lawyer answered that none could. Pressed further on whether courts would have any recourse if the executive decided to bulldoze the Statue of Liberty, the lawyer said he did not think there was any. The argument extended to the remedy itself: even if the construction were ultimately ruled unlawful, the government contended, ordering it torn down would be an abuse of discretion given the project's asserted national-security purpose and advanced state.

The claim is distinct from the separate procurement matters surrounding the ballroom and arch project addressed separately. Here the abuse is the assertion, made on the executive's behalf in open court, that the judiciary categorically lacks the power to review or enjoin executive action — a direct challenge to judicial review as a check on the executive branch.

Updates

2026-08-07 — D.C. Circuit ruled ballroom needs Congress's approval; Trump sought rebrand [4, 5]

A three-judge D.C. Circuit panel ruled 2-1 on August 7, 2026 that Trump lacks unilateral authority to build the ballroom, affirming the preliminary injunction against further above-ground construction and writing that "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 stayed its ruling two weeks to allow a Supreme Court appeal; Trump said on social media he would appeal, calling the ruling "unjust" and referring to the project as a "Military Center" rather than a ballroom.

2026-08-14 — Trump administration filed emergency Supreme Court application to lift the injunction [6, 7]

Solicitor General D. John Sauer filed an emergency application with the Supreme Court seeking to stay the D.C. Circuit's August 7 ruling and allow ballroom construction to resume, arguing that a district judge should not "seiz[e] control of construction at the president's home and office" and that the project -- then about 65% complete -- was "vitally required by national security." The D.C. Circuit's stay of its own injunction was set to lapse August 21, giving the Supreme Court roughly a week to act before the construction halt would take effect.

2026-08-18 — Preservation group urged Supreme Court to deny stay, keep injunction in place [8]

The National Trust for Historic Preservation urged the Supreme Court to deny the administration's stay request and let the D.C. Circuit's construction injunction stand, accusing the administration in its filing of trying to "outrun judicial review" rather than seek the congressional approval the trust says federal law requires.

2026-08-19 — Administration reframed project as a "military complex," Trump toured construction for reporters [9, 10]

In its reply filing, the administration argued through Solicitor General Sauer that "unprecedented" threats against the president made completing the "military complex" of integrated security features a national-security "imperative," and that any further delay "presents unacceptable risk." The same day, Trump gave reporters a tour of ongoing construction on the White House grounds, showing off the ballroom and a new helipad and describing the granite being installed as able to withstand 35,000 pounds per square inch of pressure.

2026-08-21 — Supreme Court let construction resume, staying the D.C. Circuit injunction [11, 12]

Chief Justice John Roberts signed a brief order staying the D.C. Circuit's injunction, allowing above-ground construction on the ballroom to resume while the Supreme Court considers the administration's stay application further -- a provisional ruling, not a decision on the merits. The National Trust for Historic Preservation, which brought the underlying suit, said through a spokesman "this is not a final decision on the merits ... and we await further action." Trump called the order a "GREATEST OF ITS KIND" vindication on social media; construction was reported 65% complete as of August 14.

2026-09-01 — Supreme Court rejected preservation group's appeal on standing grounds; Roberts dissented, called construction "likely unlawful" [13, 14]

The Supreme Court ruled 5-4 that the National Trust for Historic Preservation lacked standing to challenge the ballroom construction, without reaching the project's legality -- the Court's disposition of the appeal it had allowed to proceed under the August 21 interim stay. The five-justice majority also credited the administration's national-security arguments for the project, including cited threats against the president and the extent of construction already completed. Chief Justice Roberts dissented, joined by Justices Sotomayor, Kagan, and Jackson, writing that the ballroom construction "is likely unlawful," that "the White House is not just any building," and that "today's decision is no victory for the separation of powers." The case returns to the lower courts.