The National Trust for Historic Preservation filed an emergency request with the U.S. Supreme Court on Tuesday to suspend President Trump’s $400 million White House ballroom project, escalating a legal battle over whether the president can construct a 90,000-square-foot facility without congressional approval.
The preservation group’s filing came less than a week after the Trump administration asked the nation’s highest court to allow construction to continue during the appeals process. Lawyers for the National Trust accused the administration of attempting to “outrun judicial review” rather than obtain the required congressional authorization.
The dispute centers on a federal appeals court decision issued August 7, which blocked above-ground construction on the ballroom. A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump lacks the unilateral authority to build the structure, where the White House’s East Wing stood before its demolition last fall.
U.S. District Judge Richard Leon, a George W. Bush appointee, had initially ruled in April that no statute grants the president the authority claimed. “The President of the United States is the steward of the White House for the American people,” Leon wrote, emphasizing that major structural changes require congressional action. The appeals court upheld his preliminary injunction, though it allowed underground work on military facilities and bunkers to proceed.
In their Supreme Court filing, National Trust attorneys argued that the administration “cannot identify any statute granting them ‘express authority’ to destroy a third of the White House and replace it with a massive, privately funded ballroom, because none exists.” The trust also noted that the lower court’s injunction already permits underground construction for security purposes, narrowing the scope of the halt.
The Trump administration has framed the project as essential to national security, arguing that it includes bomb shelters, medical facilities, and “Top Secret Military Facilities” necessary to protect the president and his family. However, the administration requested $1 billion in congressional funding for the ballroom in May, which Congress refused. Democrats later warned that $350 million in funds from a tax cuts law appeared to have been redirected for the project.
The National Trust for Historic Preservation sued in December 2025, a week after the East Wing demolition, arguing that the project violated federal law requiring congressional authorization for major White House construction. Brent Leggs, the group’s president and CEO, stated in August that “the law states that only Congress can authorize the construction of a ballroom at the White House.”
Chief Justice John Roberts set a deadline of Tuesday for the preservation group to respond to the administration’s petition. Solicitor General D. John Sauer, representing the administration, asked the Supreme Court to rule on the stay petition before the appeals court’s decision takes effect on Friday.
Sources
- The Guardian — National Trust filing details and preservation group position, August 18, 2026
- PBS News — Appeals court ruling on congressional approval requirement and Judge Leon’s authority analysis
- Reuters — Trump administration’s Supreme Court request and ballroom cost details
- Associated Press — Appeals court decision, preservation group lawsuit, and construction timeline
