The Trump administration’s $400 million White House ballroom project heads to the appeals court as the administration defends its authority to build a 90,000-square-foot structure on the site of the demolished East Wing without congressional approval. On June 5, 2026, the Trump administration asked the DC Circuit Court of Appeals to reverse a lower court’s decision that had blocked construction of the state ballroom.
During oral arguments before a three-judge panel, the Department of Justice argued that no court has the power to halt the ballroom and its accompanying secure underground facility. A DOJ lawyer told the court that only Congress possesses the authority to stop the project, not the judiciary.
The case centers on a fundamental question of presidential power over federal property. The National Trust for Historic Preservation filed suit in October 2025 after Trump ordered the East Wing’s demolition, arguing that the administration failed to complete required reviews and approvals mandated by district and federal statute. A federal judge ordered construction halted in March 2026, but the appeals court allowed work to continue temporarily while the dispute proceeds.
The Trump administration has emphasized national security imperatives for the construction, citing the failed assassination attempt at the White House Correspondents Association event in April 2026 as evidence of heightened security threats. During the hearing, the administration argued that the integrated ballroom and bunker complex had become inseparable from a security perspective, according to The Guardian.
The appellate judges appeared skeptical of the administration’s position. Justice Patricia Millett asked when the project became impossible for courts to stop—whether it was upon demolition, upon beginning underground work, or at some other point. The historic preservation group’s attorney, Thad Heuer, invoked Marbury v. Madison, the foundational Supreme Court decision establishing judicial review, arguing that determining the scope of presidential authority is precisely the courts’ job.
Congress has remained unconvinced by the administration’s arguments. In May 2026, the Senate voted to advance a spending bill only after Republicans removed a $1 billion provision intended to fund US Secret Service security upgrades for the proposed ballroom, according to The Guardian. Additionally, roughly 150 Democratic lawmakers filed a legal brief asserting that construction cannot proceed without congressional approval, according to CBS News.
The appeals court could rule in the coming weeks on whether the president possesses unilateral authority to construct the ballroom or whether Congress must authorize the project. The outcome will test the limits of executive power over federal property and the judiciary’s role in reviewing presidential actions.
Sources
- The Guardian — DOJ lawyer’s arguments before the DC Circuit; administration’s national security rationale; Senate removal of ballroom funding from spending bill
- Reuters — Appeals court hearing details; Trump administration’s position; ballroom dimensions and location
- CNN — Appeals court hearing and judges’ skepticism of Trump’s authority without congressional approval
- CBS News — Democratic lawmakers’ legal brief opposing construction without congressional approval
- Al Jazeera — Ballroom specifications and East Wing demolition context
- NPR — Appeals court ruling allowing temporary construction continuation
