A US federal appeals court ruled Friday that President Donald Trump likely lacks legal authority to demolish and rebuild portions of the White House without congressional approval.
The ruling upholds an order that halts above-ground construction of a 90,000-square-foot ballroom, setting up a Supreme Court test of how far a president can go in reshaping federal property.
The US Court of Appeals for the District of Columbia Circuit affirmed the preliminary injunction 2-1. Circuit Judges Patricia Millett and Bradley Garcia wrote that the Constitution’s Property Clause gives Congress control over federal property, and that a statute enacted in 1912 bars erecting any building on federal parkland in the District of Columbia without express Congressional authority.
“Whether or not a massive ballroom should be constructed is for Congress to decide and is not a matter for Executive self-help,” the opinion states.
The administration had pointed to two statutes in defending the White House’s authority to construct the ballroom in the absence of Congressional approval: the National Park Service’s founding statute and the statutory provision governing White House upkeep. The court was unconvinced, holding that the former directs the agency to conserve historic objects and leave them unimpaired, while the latter is an authorization for future appropriations, not a grant of power to the president. The ruling also noted that the presidential upkeep provision pertains to the Executive residence, not the East Wing of the White House, on the gr0ounds of which Trump hopes to build his ballroom.
The court leaned heavily on the government’s own findings. A Park Service environmental assessment concluded the project would have permanent adverse impacts on the White House grounds and disrupt their historical continuity. The agency nonetheless issued a finding of no significant impact and, according to court documents, opted not publish either document initially.
The injunction is not a final ruling on legality. It stops above-ground ballroom work while litigation proceeds, and expressly permits below-ground construction of security facilities, protective covering for that work, and measures necessary for the president’s personal safety.
Circuit Judge Neomi Rao dissented on both jurisdiction and equities. She argued the National Trust for Historic Preservation, a congressionally chartered nonprofit, may sue only to vindicate powers Congress gave it, and that Congress excluded the Trust from land inside the National Park System.
Trump lambasted the ruling, calling it a “National Disgrace” (sic) and accusing the judges of misunderstanding the status of presidents:
We are not tenants, who pay rent and do all other things that a tenant must do, we are PRESIDENTS, elected by the people of the United States of America, and have many rights, including the right to fix, renovate, secure, protect, and beautify the White House grounds, which has been built and rebuilt, renovated and rerenovated, repaired and, simply, MADE BETTER, many times since 1792, and never needing the permission of Congress, or anyone else, to do so.
The East Wing was demolished over three days in October 2025. The Trust sued in December. The appeals court stayed its own ruling for 14 days to allow a Supreme Court petition.
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