A federal appeals court has allowed construction on President Donald Trump’s White House ballroom to continue, for now.
In a 2-1 decision on April 11, judges from the U.S. Court of Appeals for the District of Columbia Circuit permitted work on the ballroom project to continue until at least Friday. The court has sent the case back down to a U.S. District Senior Judge Richard Leon, who ordered the work stoppage on March 31.
Leon’s ruling claimed that it was not within the president’s powers to alter the White House with major construction projects without approval of Congress. The original deadline for work to halt was 14 days, or this week.
The federal government’s appeal hinges on the argument that work must continue for safety and security. That includes ensuring the jobsite is secure. But the appeal also claims the project includes “national security upgrades,” in below-ground work.
In response, the appeals court instructed Leon to “promptly address the pending motion to clarify how the injunction and its exception will ensure safety and security” on the White House project.
In their decision, Judges Patricia Millett and Bradley Garcia — appointed by former Presidents Barack Obama and Joe Biden, respectively — urged for more clarity on what aspects of the ballroom are related to national security and safety, and therefore need to see work resumed.
“As a result, it remains unclear whether and to what extent the development of certain aspects of the proposed ballroom is necessary to ensure the safety and security of those below-ground national security upgrades or otherwise to ensure the safety of the White House and its occupants while the appeal proceeds,” the decision said.
In her dissent, Judge Neomi Rao, a Trump appointee, indicated the security vulnerabilities “prolonged by halting construction” meant that the federal government should be awarded the stay and that work should be able to continue.
