Chief Justice Roberts Pauses Order That Would Halt White House Ballroom Work

Chief Justice John Roberts on Friday temporarily paused a lower-court order that would have halted above-ground construction of the White House ballroom, letting work continue while the Supreme Court considers the Trump administration’s emergency request, SCOTUSblog and the Scripps National News Desk reported. The stay is administrative and temporary. The full court has yet to decide the request, and no timeline has been given.

The order was due to take effect at the end of the day. Senior U.S. District Judge Richard Leon, a George W. Bush appointee, had temporarily barred most above-ground work, SCOTUSblog reported. Underground work such as bomb shelters and other security features could continue. SCOTUSblog said the order has never gone into effect and remained on hold during the appeal. On Aug. 7 a divided panel of that court upheld Leon’s ruling, with Judges Patricia Millett and Bradley Garcia in the majority and Judge Neomi Rao dissenting.

The administration tore down the East Wing last fall to make way for a 90,000-square-foot ballroom that Scripps put at $400 million. The National Trust for Historic Preservation sued in December, arguing the administration could not undertake so large a project on White House grounds without congressional approval.

Solicitor General D. John Sauer asked the court on Aug. 14 for an immediate stay. His 45-page application called the injunction “an extraordinary and unlawful injunction that will halt the ongoing construction” and said the ballroom is “vitally required by national security,” according to Scripps. Sauer told the court the project was 65 percent complete, and he argued that the Trust lacks standing and that Congress has authorized the work through statutes giving the president broad authority over White House renovations. In dissent, Rao agreed that the Trust lacks standing and said the president likely has power to improve his residence.

The Trust, represented by Tad Heuer, answered on Aug. 18 that the administration was trying to “outrun judicial review” and that the project is “beyond the point of return.” SCOTUSblog noted that the D.C. Circuit majority had said only Congress has the power to regulate construction and demolition of White House structures and that Congress has not approved money for the ballroom. It also said it would not oppose expedited review, with oral argument in October or November, SCOTUSblog reported.

The government filed a final reply on Aug. 19 calling completion of the ballroom a national security imperative, saying any delay “presents unacceptable risk,” and quoting Sauer’s statement that “time is of the essence” when the president, his family and staff, and the White House complex are not fully secure, SCOTUSblog reported, citing USA Today.

Roberts, who handles emergency applications from the District of Columbia region, acted after not initially responding to the request for an immediate stay, SCOTUSblog said. Among the questions before the justices are whether the Trust can sue at all and whether congressional authorization is required.