On Friday, August 7th, 2026, a federal appeals court affirmed a U.S. judge’s ruling to block the construction of a massive ballroom at the White House, while allowing below-ground construction to proceed.

In a 2-1 decision, the court upheld a modified preliminary injunction that prevents above-ground work on the 90,000 square-foot ballroom, which former President Trump began building by bulldozing the entire East Wing over three days in October 2025. This construction was funded privately and proceeded without consultations or permission from Congress.

The appeals court ruled that the decision to construct such a ballroom lies with Congress, not the Executive branch, stating, “Whether or not a massive ballroom should be constructed is for Congress to decide and is not a matter for Executive self-help.” The court emphasized that the Constitution assigns Congress the responsibility to approve changes to the White House’s physical design, even if those changes are claimed to serve security interests.

The ruling also noted, “Each President is a temporary tenant, not the owner, of the White House and its Executive Residence. The President has no — and claims no — constitutionally assigned authority over that property.”

The dissenting opinion came from Judge Neomi Rao, a Trump appointee, who argued that the lower court had “abused its discretion in seizing control of construction at the President’s home and office.” She had previously allowed some construction aspects to move forward but later criticized the administration for broadly applying a safety and security exception to justify the entire ballroom project.

The appeals court stayed its ruling for 14 days to allow the Trump administration to seek an appeal to the Supreme Court. The White House has not yet commented on the decision.

Sources