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Trump’s White House ballroom foes face ‘very tough argument’ at Supreme Court, legal experts say
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President Donald Trump could win the legal fight over his planned White House ballroom, say two legal experts who believe the U.S. the Supreme Court could end the case without weighing in on the underlying constitutional issue.
In a lengthy social media post Friday, Trump vowed to take the fight over his White House ballroom to the Supreme Court after the D.C. Circuit upheld a lower court order blocking above-ground construction. In a 2-1 decision, the appeals court ruled that the project cannot move forward without Congressional approval.
Trump pointed to the dissent written by Judge Neomi Rao, appointed by Trump in his first term, as grounds for appealing the decision to Supreme Court. Rao argued that the plantiffs, the National Trust for Historic Preservation, lack legal standing in the case.
The National Trust for Historic Preservation built its case for legal standing around Alison Hoagland, a member who lives near the White House and regularly visits President’s Park. Hoagland said she visits the area about once a month and argued that the proposed ballroom’s size and design would diminish her enjoyment of the area by overshadowing the White House and weakening its aesthetic.
TRUMP SAYS WHITE HOUSE BALLROOM RULING JEOPARDIZES LIVES OF FUTURE PRESIDENTS, VOWS SUPREME COURT APPEAL
President Donald Trump has overseen ongoing construction of the underground military fortress that is going to be below the $400 million privately funded East Wing ballroom. (Chip Somodevilla/Getty Images)
But according to Rao, the National Trust did not establish the kind of injury necessary to invoke the courts’ authority to block the project.
«The district court elevated the aesthetic displeasure of a single passerby over the government’s security interests in the ballroom and the security risks of leaving an open construction site at the President’s home and office,» Rao wrote.
Former Justice Department attorney Abhishek Kambli agreed, telling Fox News Digital the National Trust could face a particularly difficult hurdle on standing at the Supreme Court. He noted that, while Congress created the National Trust, the group still must show that its lawsuit is germaine to its interests.
«While they do have ownership of some properties, the President’s Park, where the White House East Ballroom is, is not one of them,» Kambli said. «And I think that’s going to be a very tough argument to sustain, especially with the Supreme Court, that’s more likely to agree with Rao than they are the [circuit court] majority, given the makeup of the Supreme Court, and the fact that the Supreme Court is very strict on standing.»
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President Donald Trump displays a rendering of his proposed $250 million White House ballroom as he meets with NATO Secretary General Mark Rutte in the Oval Office of the White House in Washington, D.C., on Oct. 22, 2025. (Alex Wong/Getty Images)
Kambli also suggested that the National Trust faces a strong hurdle in proving it has standing based on aesthetic injury because it would have to prove it actually uses the space where the ballroom is being built
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«Normally, aesthetic standing requires that you intend to use it,» Kambli said. «So, for instance, if you’re planning to be visiting the East Ballroom — and even this is kind of a stretch — that’s one thing, but if you’re someone on the outside that just passes it by, that’s a little tougher.»
A similar standing issue surfaced earlier in July when U.S. District Judge Amit Mehta, an Obama-appointed judge, rejected a lawsuit seeking to block the America 250 UFC event at the White House. He ruled that the plaintiffs had not met the standard of aesthetic harm to establish standing.
Hans von Spakovsky, a senior legal fellow at Advancing American Freedom, said he expects Trump to prevail on appeal as well, based on the standing issue.
«Under Supreme Court precedent, you cannot bring a claim, you cannot bring a lawsuit, until and unless you can demonstrate a concrete, actual injury,» Spakovsky told Fox News Digital. «The idea that a passerby, who claims she will be aesthetically injured because of what she sees at the White House, has an actual injury is absurd, and obviously, and clearly defies that precedent.»
If the Supreme Court takes the case, it could resolve it without deciding whether the administration had the legal authority to build the ballroom in the first place.
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President Donald Trump holds design for a proposed White House ballroom while speaking to reporters. (Aaron Schwartz/CNP/Bloomberg)
«The Supreme Court won’t rule on the substantive issue if it can dismiss the case based on a lack of standing by the plaintiffs,» von Spakovsky said. «I also don’t know of anyone else who could establish standing to bring a lawsuit. Perhaps Congress could collectively, but the chances of that happening are very slim given the partisan divides in both the House and Senate.»
The National Trust argued in its lawsuit that federal law requires Congress to approve new construction on federal property in Washington, D.C., while the administration says existing law already gives the president authority to make alterations and improvements to federal property, including the White House.
Abhishek agreed with Rao’s reasoning that the terms «alteration» and «improvement» should be understood in their ordinary real-property sense.
«For instance, if I have an extension to my house, it doesn’t become a new house,» Abhishek said. «It’s the same house, but that’s an improvement done on the house. Or if I tear down some walls and then just create an open living space in my like between my living room and my kitchen, that’s also not a new house at that point.
«It’s the same house, but there was an alteration or an improvement done, so if you’re using real property terms, then it’s pretty clear how how the statutory authority would make sense,» Abhishek continued.
white house, judiciary, supreme court, donald trump, federal courts, law, politics
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Hawaii voters hit the polls as Gov. Josh Green dominates, progressive takes aim at Dem congressman
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Hawaii voters will decide Saturday who advances to the November general election, with key contests including the race for governor and the battle to represent the state’s 1st Congressional District.
Gov. Josh Green, who was first elected in 2022, is heavily favored to win the Democratic primary, where he faces three little-known competitors. His challengers include George «Teva» Lucas-Tadeo, a Democratic socialist who has promised on social media to open a government-run grocery store and legalize recreational marijuana.
David «Duke» Bourgoin is mounting his second primary challenge against Green after losing to him in 2022, when he captured only 590 votes against Green’s 158,161. He also lost two bids for Honolulu mayor, in 2022 and 2024.
JOHNSON’S STRATEGY TO BYPASS DEMOCRATS’ SAVE ACT BLOCKADE SURVIVES KEY VOTE, HANDING GOP BIG WIN
A three-way split image of Democratic Hawaii Gov. Josh Green, GOP candidates Gary Cordeery and Rep. Ed Case (D-Hawaii) ( (Photo by Patrick T. Fallon / AFP via Getty Images) (Bill Clark/CQ-Roll Call, Inc via Getty Images))
Lauren Kapoliahiʻiaka Shim is also seeking the Democratic nomination. She is the CEO and founder of Aloha AI Incorporated, according to her LinkedIn profile.
Neither Lucas-Tadeo nor Shim had campaign websites, and none of Green’s three challengers had raised any money in the race as of June 30, according to Honolulu Civil Beat. Meanwhile, Green has raised approximately $3.5 million, far outpacing Republican Gary Cordery, the race’s second-highest fundraiser, who has raised about $313,000, according to Honolulu Civil Beat.
Cordery, owner of the contracting company Kingdom Builders, and Ken Fujiyama, an entrepreneur and investor, are competing for the Republican nomination and a chance to end nearly two decades of Democratic control of the governor’s mansion. The last Republican to serve as Hawaii governor was Linda Lingle, who held the office from 2002 to 2010.

Hawaii Gov. Josh Green, center, delivers remarks as U.S. President Joe Biden listens during a visit to an area devastated by wildfires in Lahaina, Hawaii, on Aug. 21, 2023. (Mandel NGAN / AFP via Getty Images)
Cordery has campaigned on lowering Hawaii’s high cost of living, expanding housing and cracking down on government waste and corruption. He has proposed adding 15,000 homes for working families, using state-owned land for housing and eliminating the state’s general excise tax on food and medicine. Fujiyama has also proposed a plan to tackle the housing affordability crisis by developing 100,000 residential lots and partnering with large landowners to spur growth.
MICHIGAN’S TOP ELECTION OFFICIAL WINS DEMOCRATIC PRIMARY FOR GOVERNOR, ADVANCES TO BATTLEGROUND RACE
Whoever emerges from the Republican primary will face an uphill battle to unseat Green if he secures the Democratic nomination. Green holds a 56% approval rating, while the Cook Political Report rates the race «Likely Democrat» and gives Democrats a 13-point advantage.
Meanwhile, eyes outside of Hawaii will be locked on the Democratic primary in the 1st Congressional District, where state Sen. Jarrett Keohokalole is challenging Rep. Ed Case, D-Hawaii.

Rep. Ed Case, D-Hawaii, arrives for a House Appropriations Committee markup of several appropriations bills in the Rayburn House Office Building in Washington on July 10, 2024. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
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Case, who is seeking a seventh term, has represented the district since 2019 and argues that his seniority and position on the Appropriations Committee give Hawaii greater influence in Washington. Meanwhile, Keohokalole, who is endorsed by Sen. Bernie Sanders’ group Our Revolution, is running on a progressive platform that includes Medicare for All and opposition to ICE and President Donald Trump’s tariffs.
Keohokalole is seeking to portray Case as out of touch with Democratic voters, pointing to the congressman’s vote with House Republicans to pass Trump’s SAVE America Act, which would require voters to show proof of citizenship when registering to vote.
Given the district’s strong Democratic lean, whoever wins the party’s primary will likely be favored to win the seat in November.
Polls close at 7pm local time.
hawaii, gubernatorial, state and local primaries, elections, elections state and local, politics
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