White House construction on $400m ballroom can go on, says US Supreme Court

A divided United States Supreme Court has allowed the White House to continue construction on a $400m ballroom project as lawsuits play out, a win for President Donald Trump as he flexes unprecedented executive power and remakes the capital in his image.

The apparent 5-4 decision replaces a temporary order that allowed construction earlier this month, shortly before a court-ordered halt would have gone into effect.

The temporary order was signed by US Chief Justice John Roberts, assigned to handle appeals from the capital. But he publicly disagreed with the latest decision, writing a strong dissent that referenced historical figures and calling the project “likely unlawful” because it has not been approved by Congress.

“Today’s decision is no victory for the separation of powers.” Roberts wrote. The court’s three liberal-leaning justices agreed.

The majority did not decide the legality of the project, but found that a preservation group likely did not have the legal right to challenge it. The unsigned opinion also cited the national security concerns that the government says the project would address.

The lawsuit will return to lower courts, but documents say that key portions of the project could be complete within months – a quick timeline compared with a typical legal case.

The Trump administration asked the justices to intervene after federal courts found the project must halt because it did not have congressional approval.

The lawsuit from the National Trust for Historic Preservation argued that Trump has no unilateral authority to undertake the work, which has included demolishing the East Wing. The group’s lawyers accused the White House of trying to “outrun the courts” by accelerating construction.