President Donald Trump demolished the East Wing of the White House in October 2025 with plans to replace it with a new structure featuring a 90,000-square-foot ballroom. However, on Friday, August 7th, 2026, the D.C. Circuit Court ruled that Trump may not complete the project unless Congress approves it.
Judge Patricia Millett, appointed by Barack Obama, and Judge Bradley Garcia, nominated by Joe Biden, wrote in their opinion that "Each President is a temporary tenant, not the owner, of the White House and its Executive Residence." They noted there is no precedent in American history for a president unilaterally demolishing substantial portions of the White House, which Congress authorized and American taxpayers funded, using privately collected funds.
The court cited several statutes that collectively authorize the replacement of the East Wing with a structure 60 percent larger than the White House residence in square footage and more than three times as large in cubic volume. Contradicting the government's claim that the project is "planned, directed, and executed by the Executive Office of the President," the court highlighted that the project is funded by private donations given to the National Park Service (NPS). Under Section 100101(a), NPS funds can only be used for conservation and preservation purposes, which do not appear to apply to this ballroom construction.
Judge Millett emphasized that the Constitution assigns Congress—not the Executive—the responsibility to decide whether proposed changes to the White House's physical design may proceed, even if those changes are said to serve security interests. She referenced the position taken by Principal Deputy Assistant Attorney General Yaakov Roth during oral arguments, who argued that courts should not interfere with the president's personal project regardless of legality.
The D.C. Circuit gave the Trump administration 14 days to file an appeal with the Supreme Court, which President Trump has stated he will do.
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