Just two days after a federal judge in Washington, D.C approved an order halting President Donald Trump’s ongoing construction for a sweeping, and highly controversial overhaul of the White House’s East Wing, a separate entity backed by Trump allies voted to approve the project.
The entity, which is known as the National Capital Planning Commission appeared to power ahead despite the recent legal setback, according to a report in The New York Times. Planning committee chair Will Scharf, said the judge’s ruling should not affect the commission’s vote, according to the report.
According to the Times, prior to the commission vote, the White House included two major changes to the proposed project including eliminating stairs next to the South Portico of the ballroom and modifying another corner of the proposed new ballroom. The commission was supposed to vote to approve the project in March but it was delayed after more than 30,000 comments were submitted, most of them negative, from around the U.S.
Trump has said the $400 million project will be funded by private donors. In the March 31 injunction following a lawsuit brought by the National Trust for Historic Preservation last December, Judge Richard J. Leon, U.S. District Judge for the District of Columbia, wrote: “This case, in essence, is about whether the President has the authority to build a ballroom on White House grounds with private funds without seeking authorization from Congress.”
“The National Trust asserts that Defendants’ actions are ultra vires of statutory authority,” his a 35-page preliminary injunction order continued. “But why do Defendants even need statutory authority in the first place? The Constitution shows why.” (“Ultra vires” refers to a person or entity acting “beyond the powers of” what is allowed.)
The National Trust’s suit was re-filed in early March after the judge advised it to make certain amendments. It prompted pushback from the Trump administration and several related entities named as defendants in the complaint. These include the National Park Service and its director Jessica Bowron; John Stanwich, superintendent of the White House and the President’s Park; Douglas Burgum, secretary of the interior; Michael Rigas, acting administrator of general services in the current administration; and Trump himself.
President Donald Trump holds a rendering of the East Wing modernization. Photo: Mandel Ngan / AFP.
In a statement, the National Trust’s president and CEO Carol Quillen said: “We are pleased with Judge Leon’s ruling today to order a halt to any further ballroom construction until the Administration complies with the law and obtains express authorization to go forward. This is a win for the American people on a project that forever impacts one of the most beloved and iconic places in our nation.”
Judge Leon’s ruling included detailed background on the purpose, powers, and limits of a sitting president in the White House, dating back more than 300 years, in explaining previous changes and alterations. For instance: “Shortly after the founding, Congress passed the Residence Act of 1790, which authorized three commissioners to ‘provide suitable buildings for the accommodation of… the President.’”
Further, Judge Leon cited detailed examples of how Congress has “continued to authorize and fund construction and maintenance at the White House up until the present day.” As examples, Leon’s ruling highlighted how Congress authorized repairs to the White House after it suffered extensive damage during the War of 1812, and “appropriated funds for construction of the South Portico in 1823, the North Portico in 1829, and the East and West Wings in 1902.”
A rendering of the proposed new 650-person White House ballroom.
Noting that a clause in U.S. law allows that money from the Treasury may only be allocated under law, Judge Leon wrote that “the President must identify some law that allows him to demolish the East Wing and construct his planned ballroom with private funds. For the following reasons, I conclude that the National Trust is likely to succeed on the merits on its ultra vires claims because no law comes close to giving the President this authority.”
Said Leon: “Without question, Defendants have never engaged in a construction project of this size and scale using donated funds.” He goes on to point out the “gaping chasm” between the appropriations allowance and the projected cost of the ballroom, writing that the defendants “have identified a convoluted funding scheme that they argue permits the President to fund the ballroom using private donations. “
In response to the latest ruling, Trump issued a Truth Social post in which that he called the National Trust “a Radical Left Group of Lunatics.” In a follow-up post, he insisted: “Congressional approval has never been given on anything, in these circumstances, big or small, having to do with construction at the White House. In this case, even less so, because the Ballroom is being built with Private Donations, no Federal Taxpayer Money!”
According to a CNBC report, within hours of the ruling, the Trump administration filed an appeal with the U.S. Circuit Court of Appeals for the District of Columbia Circuit.
This story was originally published on March 31, 2026. It was updated on April 2, 2026, 3.37 p.m. ET, following the National Capital Planning Commission’s approval.