Judge denies effort to halt White House ballroom construction

WASHINGTON (CN) — A federal judge on Thursday rejected the National Trust for Historic Preservation’s bid to freeze construction on President Donald Trump’s White House ballroom, but left the door open for the organization to enhance its legal argument.

Senior U.S. District Judge Richard Leon was unconvinced by the organization’s argument that the sudden demolition of the East Wing this past October violated the Administrative Procedure Act and the Constitution, calling them a “rag-tag group of theories.”

“Unfortunately for plaintiff, its challenge fails because the White House office in question is not an ‘agency’ under the APA and because plaintiff did not bring the ultra vires claim necessary to challenge the president’s statutory authority to complete his construction project with private funds and without congressional approval!” Leon wrote in a 22-page opinion.

Until the National Trust amends its complaint to include that ultra vires claim —Latin for “beyond the powers” — the George W. Bush appointee said he is unable to “address the merits of the novel and weighty issues” raised by the organization. 

In an email, the Trust confirmed it will amend its complaint. 

The Trust filed its lawsuit on Dec. 12, less than two months after the Trump administration suddenly tore down the historic East Wing to make room for a 90,000-square-foot ballroom. It argued the move bulldozed past the necessary reviews by the Trust itself and Congress.

Founded by Congress in 1949, the National Trust for Historic Preservation is a nonprofit organization that advances historic preservation policy and raises public awareness of threats to the nation’s architectural heritage. The organization has filed similar suits across multiple presidential administrations.

After learning of Trump’s unilateral decision to demolish the East Wing, the Trust wrote on Oct. 21 to the National Park Service, the National Capital Planning Commission and the Commission of Fine Arts, urging them to stop the work and begin required review procedures.

Despite the urgency, the Trust received no response.

According to the Trust, Trump was legally obligated to submit the project to the planning and fine arts commissions before demolition began.

Leon found the Trust could not bring its Administrative Procedure Act claims against the Executive Residence, the entity managing the East Wing project, as it not an agency and thus could not be challenged under the statute. 

Leon noted the D.C. Circuit held in 1995 the residence is not an agency — although whether an entity could become an agency by taking on agency responsibilities is still an open question.

The Trust argued the ballroom construction usurped Congress’s authority under the Constitution’s property clause, which grants the power to manage federal lands and property. Further, the Trump administration’s “reorganization of the executive branch” violates Congress’ Article I power to “establish offices.”

Leon found the Trust’s constitutional claims lacked a cause of action, preventing him from fully reviewing their merits.

However, the Trust’s constitutional arguments are much closer to being statutory arguments under several statutes, cited by the Justice Department, related to the general funding of the White House’s systems and maintenance. 

“Whether those statutes give the president authority to build the ballroom is thus a statutory dispute!” Leon wrote. 

“The parties have jockeyed for the most legally advantageous position to either support, or oppose, the injunction that is the object of this suit,” Leon concluded. “Unfortunately, because both sides initially focused on the president’s constitutional authority to destruct and construct the East Wing of the White House, plaintiff didn’t bring the necessary cause of action to test the authority the president claims is the basis to do this construction project without the blessing of Congress and with private funds.” 

The Trust’s lawsuit is one of several cases challenging Trump’s efforts to reshape the nation’s capital in his image, including one against a proposed 250-foot arch just outside the Arlington National Cemetery — informally dubbed “Arc de Trump” — and another over the renaming of the Kennedy Center to the “Trump-Kennedy Center.” 

The White House did not respond to a request for comment.

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