Appeals Court Says Trump Needs Congressional Approval for White House Ballroom

Washington — A federal appeals court ruled Friday that the Trump White House lacks the authority to unilaterally build a new 90,000-square-foot ballroom where the East Wing once stood, finding that the $400 million project requires congressional approval.

President Trump said he would appeal directly to the Supreme Court, setting up a showdown before the justices over the contested construction.

In a 2-1 decision, a panel of the U.S. Court of Appeals for the District of Columbia Circuit sided with a lower court in finding that the White House "very likely" lacked authority to demolish and rebuild the East Wing. The judges said Congress has "full constitutional control over federal property and the funding of its maintenance and development," and pointed to an "absence of any express or implied authorization" for the project.

"Each President is a temporary tenant, not the owner, of the White House and its Executive Residence," the majority wrote, adding that the property is "designed and maintained for the use of all Presidents, current and future, and for the American people."

"We are aware of no instance in American history in which a President unilaterally and using privately collected funds demolished substantial portions of the White House that Congress authorized to be built and American taxpayers paid for," the judges wrote. "Until now."

Judges Patricia Millett and Bradley Garcia, nominated by Presidents Barack Obama and Joe Biden, wrote the majority opinion. Judge Neomi Rao, a Trump nominee, dissented, arguing that the National Trust for Historic Preservation lacked standing to sue and accusing her colleagues and the district judge of "judicial overreach."

The panel stayed its decision for 14 days to allow an appeal. The majority stressed the ruling "has nothing at all to do with whether the proposed ballroom is desirable," only that the administration may not build it during litigation "without securing Congress's authorization."

Trump called the ruling "horrendous, politically motivated, and unlawful" on Truth Social and said the administration "will be immediately appealing to the United States Supreme Court." He claimed the decision jeopardizes White House workers because it would halt an underground bunker tied to the project, though the lower court's order explicitly allows underground work to continue.

Brent Leggs, president and CEO of the National Trust, said he was "pleased," calling the White House "a global landmark" that "belongs to the American people."

U.S. District Judge Richard Leon ruled in March that the challenge was likely to succeed, saying "no statute" cited by the government "comes close" to authorizing the project. Trump tore down the East Wing last October and began construction without congressional approval. The administration has cited a statute covering routine maintenance and repairs, and Acting Attorney General Todd Blanche argued the attempted attack at the White House Correspondents' Association Dinner in April showed the need for a secure ballroom on the grounds.