President Donald Trump’s plans for a $400 million White House ballroom were dealt another legal blow Friday, with a federal appeals court ruling that his administration cannot move forward with above-ground construction without congressional approval.
In a 2-1 decision, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit sided with historic preservationists who sued to stop the 90,000-square-foot project, according to the AP. The court stayed its ruling for two weeks, giving the Trump administration time to seek relief from the Supreme Court.
“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 decision backs a lower court ruling preventing above-ground construction from proceeding without congressional authorization while allowing underground work involving a bunker and other national security facilities to continue.
The ballroom is planned to inhabit the site of the White House’s former East Wing, which was demolished last year. Trump has said the new venue would accommodate 999 people.
The National Trust for Historic Preservation sued to block the project in December, arguing that the administration could not undertake such a major alteration of the White House without congressional approval.
Government lawyers have argued that the broader project includes critical security upgrades designed to protect the president, his family and White House staff from threats such as drones, ballistic missiles and biohazards.
U.S. District Judge Richard Leon previously rejected the administration’s argument that the entire construction project should be allowed to proceed under a national security exception. His most recent order permitted underground security work to continue while blocking above-ground construction of the ballroom.
Trump subsequently lashed out at Leon on social media, calling him a “Trump Hating” judge who had “gone out of his way to undermine National Security.”
Friday’s appeals court ruling does not necessarily mean the ballroom can never be built. The majority stressed that the decision was not a judgment on the merits of the project itself.
“This holding has nothing at all to do with whether the proposed ballroom is desirable, or not, as a matter of policy,” the court noted.
Judges Patricia Millett and Bradley Garcia backed the decision, while Judge Neomi Rao dissented. Millett was appointed by President Barack Obama, Garcia by President Joe Biden and Rao by Trump.
The administration has two weeks to seek Supreme Court intervention before the appeals court’s ruling takes effect.