The U.S. Supreme Court has ruled that the White House Ballroom project can proceed, at least for now. As you may recall from our prior post, the D.C. Circuit Court of Appeals had enjoined the project on separation of powers ground because the constitution gives Congress exclusive authority to make improvements to federal property. In a 5-4 decision released yesterday, the Supreme Court avoided the separation of powers issue altogether by finding that the named plaintiff likely has no “particularized and concrete injury” and therefore likely lacks standing to challenge it.
The highlight of the decision was the dissenting opinion authored by Chief Justice John Roberts, which declared the majority’s decision “no victory for the separation of powers” and summoned a quote from the great Winston Churchill:
The White House is not just any building, and—when it comes to historic preservation—[Plaintiff] is not just any person. In failing to appreciate as much, the Court misconceives the plaintiff ’s injury, allowing the Executive’s likely infringement of the Legislature’s power of the purse and authority to regulate federal property in the District of Columbia to continue. Today’s decision is no victory for the separation of powers.
Winston Churchill once remarked that “[w]e shape our buildings, and afterwards our buildings shape us.” All the more reason to ensure that those responsible follow the rules in deciding what to tear down and what to build up at the People’s House.
A full copy of the Court’s opinion is available here. The Court’s decision means that the project can proceed, at least for now, while the executive branch files an application for writ of certiorari with the Supreme Court. In light of the Court’s decision yesterday, that writ would almost certainly be granted. It will be interesting to see if the case is re-filed by another plaintiff with a more “particularized and concrete” injury.