New Facts: DOJ Argues Courts Can't Halt Ballroom Work

At oral arguments before the D.C. Circuit, Justice Department lawyer Yaakov Roth said courts lack power to halt the White House ballroom. Judge Patricia Millett asked, “this court, the Supreme Court, no court could stop the building of this?” Roth replied, “Yes,” adding that only Congress could stop the project and that an injunction would have been improper “even on day one.”

Roth argued the preservation group lacks standing because demolition and rapid construction make any injury not redressable. Pressed by Millett on whether that “move fast” logic would let the government bulldoze the Statue of Liberty with no judicial remedy, he answered, “I think that’s right, yes.” He said the work is “well on its way,” with more than 3 million pounds of steel rebar already on site.

Two judges questioned the legal basis the administration cites. Judge Bradley Garcia said the maintenance statute “does not say the president is authorized to make improvements,” and Judge Neomi Rao flagged gaps in the claim that the Office of the Executive Residence can run the build for the Park Service. Roth apologized for “imprecise language” about whether the Park Service is directing the project and argued that stopping work now would jeopardize security against drones and other modern threats.

AI-synthesized from multiple reported sources