On Friday, August 7, 2026, a federal appeals court affirmed a lower court ruling that blocked construction of a new 90,000-square-foot ballroom at the White House, where the East Wing once stood. The court found that the Trump White House lacked the authority to demolish and rebuild the East Wing without congressional approval, emphasizing that the $400 million project requires such authorization.

In a 2-1 decision, the appellate panel stated that Congress holds "full constitutional control over federal property and the funding of its maintenance and development," and noted an "absence of any express or implied authorization" for President Trump to proceed with the ballroom construction. The judges remarked, "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 ruling underscored that "whether or not a massive ballroom should be constructed is for Congress to decide and is not a matter for Executive self-help," citing the Constitution's assignment of this responsibility to Congress, even when changes are claimed to serve security interests. The court also highlighted that "each President is a temporary tenant, not the owner, of the White House and its Executive Residence," and that the President has no constitutionally assigned authority over the property.

The construction, which began in October 2025, involved bulldozing the entire East Wing over three days without promised consultations or congressional permission. The project is funded by private funds but lacks congressional oversight.

The court allowed below-ground construction to continue but stayed its ruling for 14 days to permit the Trump administration to appeal to the Supreme Court.

The dissenting judge, Trump appointee Neomi Rao, criticized the lower court's control over the construction, arguing it was an abuse of discretion.

Acting Attorney General Todd Blanche had argued for resuming construction, citing security concerns following an attempted attack at the White House Correspondents' Association Dinner in April.

The National Park Service has indicated that construction could be completed by mid-2028.

Arden Farhi, managing editor for CBS News' Washington bureau, who has covered multiple presidential campaigns and administrations, contributed to reporting on the case.

Sources