Crucial Quote

Stopping construction on the ballroom “would leave an unstable, unfinished 70-foot-tall structure on White House grounds, putting the complex at risk and thwarting Secret Service protection,” the DOJ argued Wednesday. The government has previously said construction is approximately 65% complete on the ballroom, and claimed Wednesday that halting construction could cause the unfinished building to “degrade and possibly collapse in high winds.”

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Chief Critic

The National Trust has the Trump administration is trying to “outrun judicial review” by racing to build the ballroom while litigation moves forward, arguing the Supreme Court should block construction now because it may be too late to do so in the future. The Trump administration “make[s] no secret of the fact that if the Court permits construction to continue, they will declare the case over,” the Trust argued in its filing to the Supreme Court, adding that if the court allows construction, “the injuries to the National Trust, its members, and the public from the unauthorized construction of the ballroom … will in all likelihood become irreversible.”

News Peg

The DOJ’s filing to the Supreme Court came as Trump hyped up the ballroom project to reporters on Wednesday, noting it’s being built out of “very strong stone” and teams are laying high-quality top soil on the site that will mean, “If you’re grass, you’re very happy.” The president also emphasized the security features of the planned ballroom complex, saying it will have “so much a military component, with the drones and bomb shelters and everything else we have in there.”

Tangent

In its filing Wednesday, the DOJ also backtracked on controversial claims it made before an appeals court in June, when its attorney Yaakov Roth suggested the Trump administration could tear down the Statue of Liberty without being challenged in court. As Roth argued that the National Trust doesn’t have standing to sue now that construction had already begun, Judge Patricia Millett posed the hypothetical question of what would happen “if the government decides very quickly and bulldozes the Statue of Liberty,” asking if that means people whose ancestors immigrated to the U.S. and saw the landmark upon their arrival would not be able to sue. Roth suggested they would not have standing to sue, agreeing with the judge when she said the government believed “nothing can be done” once construction starts. The DOJ claimed the argument about the Statue of Liberty was a “strawman version of the government’s position” in its filing Wednesday, and now alleged “plenty of Americans” could sue the government in that instance, such as people who operate boat tours to the Statue of Liberty and Ellis Island.

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Key Background

Trump’s planned White House ballroom has been one of the most visible and controversial projects of his second term, with his administration’s demolition of the East Wing drawing widespread criticism. The president has long claimed the project would cost $200 million and be paid for solely through private donations—later revising that number to $400 million—but The Washington Post reports the price tag is now more than $600 million, with taxpayers expected to foot at least half of that bill. Judge Richard Leon in March that the ballroom construction was likely unlawful, but his order halting its construction has been on hold while the higher appeals court considered the case, so construction on the ballroom has never stopped. A panel of appeals court judges then ruled 2-1 on Aug. 7 to uphold Leon’s ruling and halt construction, writing the White House cannot continue construction while the litigation continues “without securing Congress’s authorization, as the Constitution and laws require.”

Further Reading

Trump Asks Supreme Court To Allow White House Ballroom Construction (Forbes)

Trump Says He’ll Appeal ‘Horrendous’ Ruling Against White House Ballroom To Supreme Court (Forbes)

Trump’s DOJ Argues They Could Tear Down The Statue Of Liberty Without Legal Repercussions (Forbes)

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