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President Donald Trump sought U.S. Supreme Court approval to keep building his massive new White House ballroom after two lower courts said he was flouting the law by proceeding without congressional authorization.
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In a filing made public Friday, Trump asked the justices for an emergency order letting construction continue without restrictions while a legal fight continues. An appeals court ruling blocking most above-ground work will take effect Aug. 21 unless the Supreme Court intervenes.
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The request thrusts the court into a highly symbolic clash over Trump’s efforts to unilaterally remake the aesthetics of the nation’s capital. If completed, the ballroom addition would be 90,000 square feet, larger than the White House mansion and West Wing combined, with a security bunker underneath. Trump demolished the East Wing to make way for the ornate structure.
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Trump told the Supreme Court he is building a “highly integrated military complex that incorporates a classical, but highly secured, ballroom and crucial national-security facilities.”
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The filing came with new photos and renderings of the facility, including images of a “Drone Port” on top of the structure and a gold seal over the ballroom’s entrance. The administration said the project is 65 per cent complete.
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Chief Justice John Roberts asked the group challenging the ballroom to file a response by next Tuesday, signalling the likelihood of quick action by the high court.
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A federal district judge and appeals court both said above-ground work needed to stop. In a 2-1 ruling on Aug. 7, the U.S. Court of Appeals for the District of Columbia Circuit said that Congress, not the president, has control over federal property.
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“Whether or not a massive ballroom should be constructed is for Congress to decide and is not a matter for executive self-help,” wrote Judges Patricia Millett and Brad Garcia, both Democratic appointees. Republican-appointed Judge Neomi Rao dissented.
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A key question is whether anyone has the legal right to sue to challenge the construction. The D.C. Circuit said the National Trust for Historic Preservation in the United States had standing to sue because of the “historic, architectural, and aesthetic interests” at stake, as well as the impact on a member of the group who frequently passes by the White House. The National Trust is a nonprofit organization chartered by Congress to preserve and promote the country’s architectural and cultural heritage.
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“To recognize standing based on a casual observer’s preferences invites serial litigation and abuse,” Trump argued in a brief filed by Solicitor General D. John Sauer, the administration’s top Supreme Court lawyer. “She has no standing to be involved in this case.”
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The National Trust said the filing showed the administration was “brazenly” speeding up construction in the aftermath of the D.C. Circuit ruling. A White House official said in a statement attached to the filing that crews would install another 1 million pounds of rebar and pour another 3,000 cubic yards of concrete over the next week.
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