A panel of federal judges ordered that President Donald Trump's administration can resume building the White House ballroom while a lower court gathers more information about whether a building pause will cause a national security risk.
The U.S. Court of Appeals for the District of Columbia gave a 2-1 ruling on Saturday.
The 17-page order extended the district court’s stay of its March 31 preliminary injunction to April 17. The National Trust for Historic Preservation had sued the National Park Service over the planned 90,000 square-foot ballroom to replace the demolished East Wing. The project is funded by private donors.
The three-judge panel of Patricia A. Millett, Neomi Rao, and Bradley N. Garcia remanded the case to the district court.
On March 31, a district court granted the National Trust’s motion for preliminary injunction. The National Park Service appealed.
The National Park Service argued that the ballroom was a matter of national security because planned construction beneath it includes bomb shelters, a hospital and medical area, and military installations.
“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 order said.
gov.uscourts.cadc.42993.01208839738.0_2 by scott.mcclallen
The NPS argued that the preliminary injunction will impose “irreparable harm” because the planned ballroom will be even more secure than the now-demolished East Wing. The new ballroom will feature “drone proof roofing materials” and “blast proof glass” according to court documents.
“We cannot fairly determine, on this hurried record, whether and to what extent the district court’s ‘necessary for safety and security’ exception addresses Defendants’ claims of irreparable harm, insofar as it may accommodate the Defendants’ asserted safety and security need for the ballroom itself or other temporary measures to secure the safety and security of the White House, the President, staff, and visitors while this appeal proceeds,” the order read. “We thus remand these cases to the district court with instructions to promptly address the pending motion to clarify how the injunction and its exception will ensure safety and security pending litigation.”
Circuit Judge Rao dissented from the ruling. The ballroom is expected to be finished by 2028.