The Supreme Court cleared the way for construction on the White House ballroom to proceed on Monday. Three liberal justices and Chief Justice John Roberts dissented, asserting the construction is probably unlawful. This 5-4 ruling creates a strange legal picture for President Trump’s project.
Above-ground building work was permitted to resume when the High Court approved the Trump administration’s motion to halt the injunction. The unsigned opinion of the Court’s majority makes it clear they are not ruling on the project’s legality. “Today, we do not pass upon the legality of the government’s East Wing project,” the order reads, according to the Daily Caller.
Courthouse News: US Supreme Court allows President Trump to continue construction of his White House ballroom
The ruling was 5-4. John Roberts joined the liberal justices in dissenting.
Link to ruling: https://t.co/ugyks5hSJq https://t.co/Gy5hJfn2bP pic.twitter.com/rNfM2w2foM
— Politics & Poll Tracker 📡 (@PollTracker2024) August 31, 2026
Instead, the justices concluded that the group challenging the project probably does not have the right to stop him. Although the National Trust for Historic Preservation initiated a lawsuit regarding the East Wing project, the court ruled they did not possess standing. Our determination is limited to the government’s probable success in proving the Trust lacks Article III standing.
Chief Justice Roberts usually sides with the conservative wing, but he broke ranks on this decision. He joined Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson in dissent. Roberts wrote that “Construction of the ballroom has proceeded apace for the better part of a year”.
He argued that Congress has not given the president the authority to build such a massive structure. “That construction is likely unlawful,” Roberts wrote in his sharp dissent. He noted that Congress explicitly prohibits building on federal grounds without express authority from the legislature.
The majority decision replaces a temporary administrative measure with a full Court stay. “Accordingly, the application for stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted,” the order states. This allows work to continue while the legal battle over standing plays out.
This ruling lets the building keep going, but it leaves a huge question mark over its legality. The D.C. District Court Judge Richard Leon previously granted an injunction that largely stopped above-ground work. That order is now stayed pending the government’s petition for a writ of certiorari.
Roberts warned that the Court failed to appreciate the injury to historic preservation. He argued the plaintiff’s case was stronger than the majority acknowledged. “The White House is not just any building,” Roberts wrote in his dissent, according to the Daily Wire. He believes the Executive branch is likely infringing on the Legislature’s power by moving forward.
Great work by our Solicitor General Office team, our Civil Division and the White House Counsel’s Office on delivering a great win for our country. This is a no-brainer for national security, and future administrations will look back and be thankful. https://t.co/8sH4kfsayT
— Attorney General Todd Blanche (@AGToddBlanche) August 31, 2026
Following the Supreme Court’s decision allowing President Donald Trump to continue building, work at the White House is advancing. President Donald Trump secured a significant legal win on Monday when The United States Supreme Court ruled in his favor. Yet the Chief Justice explicitly called the work “likely unlawful” while voting to let it continue.
