A federal appeals court on Friday upheld an injunction halting above-ground construction of a massive, privately funded ballroom at the White House, ruling that the executive branch likely lacks the authority to build the structure without congressional approval.

Background

The decision leaves intact exceptions allowing below-ground national security work and protective measures to continue. The court’s 2-1 decision turns on whether the administration had legal authorization under 40 U.S.C. § 8106, a century-old statute requiring “express authority of Congress” to erect buildings or structures on public grounds in the District of Columbia.

Writing for the majority, Circuit Judges Patricia Millett and J. Michelle Childs held that neither the National Park Service Organic Act nor statutory provisions governing the care and maintenance of the Executive Residence grant the executive branch unilateral power to execute the $400 million project.

The lawsuit was brought by the National Trust for Historic Preservation after the East Wing was demolished in October 2025 to make way for the project. Environmental assessments conducted by the National Park Service previously acknowledged the construction would result in long-term adverse impacts on the White House grounds’ cultural landscape and historical continuity.

Reaction

In a dissenting opinion, Circuit Judge Neomi Rao argued that the court lacked jurisdiction, asserting the National Trust failed to establish legal standing. Rao also concluded that the project fell within executive authority to make improvements to the building and emphasized security considerations.

The appellate panel issued a 14-day stay of its decision to give the government time to seek review from the U.S. Supreme Court. Under the terms of the affirmed order, underground work—including military and medical infrastructure—remains exempt from the stoppage.

Original reporting: Tampa Free Press — read the source article.