WOOHOO!!! COURT *HALTS* CONSTRUCTION OF WHITE HOUSE BALLROOM AFTER GIVING PLAINTIFFS THE ROADMAP TO SUCCESS
First, if you are a Notes from the Front member and haven’t yet read the transcript of the preliminary injunction hearing in this case, well, you don’t know what you’re missing! (And hey, I paid almost $300 to get that transcript for you! Don’t let it have been in vain!) If you missed it, or joined after that particular send, you can grab that transcript here, it’s *awesome* and *hysterical*!: https://annepmitchell.substack.com/p/i-have-the-transcript-of-the-hearing )
So, after that hearing the judge, Judge Richard Leon, who may be second only to Judge Boasberg in the “I have such a judge-crush” department (actually I think they are tied) issued an order *denying* the plaintiffs’ request for a preliminary injunction to stop the building of the ballroom.
BUT IT WAS THE MOST AWESOME DENIAL IN THE HISTORY OF DENIALS!!
What do I mean? This is from the denial:
“Unfortunately for Plaintiff, its challenge fails because the White House office in question is not an “agency” under the APA and because Plaintiff did not bring the ultra vires claim necessary to challenge the President’s statutory authority to complete his construction project with private funds and without congressional approval!”
It then goes on:
“As such, unless and until Plaintiff amends its existing complaint to include the necessary ultra vires claim, the Court cannot address the merits of the novel and weighty issues raised by this statutory challenge, and Plaintiff’s motion for a preliminary injunction must therefore be DENIED.”
It’s like the AAA TripTik of court orders! (Uh, am I the only one who is old enough to remember TripTiks?)
This order is in and of itself awesome, educational, and at times chuckle-inducing (and included for Notes from the Front members, between the transcript and this denial you should be in a jolly good mood this evening!) But this isn’t even the main event!
Of course, even before the plaintiffs could request leave of the Court to file an amended complaint consistent with the Court’s roadmap, the administration filed a, and I quote, “Motion to Stay *Any* Preliminary Injunction Pending Appeal”. (Also included for Notes members.) That’s right, *any* *future* injunction.
Now, maybe this is a common thing to do now, but it’s certainly not something I’ve encountered much. This is basically the administration saying “Dear Court, please immediately stay *any* injunction that you may issue in the future in this case.”
This led to the plaintiffs needing to respond, which they did thusly:
“The National Trust for Historic Preservation in the United States (“National Trust”) moves for an order striking the Defendants’ motion for a stay of a preliminary injunction not yet entered in this case pending a theoretical forthcoming appeal that the Defendants state they intend to take to the D.C. Circuit.
Taken as styled, the Defendants’ motion for a stay of a not-yet-existing order pending a not-yet-existing appeal is premature and speculative.”
This is the best comedy series ever!
Anyways, the plaintiffs (National Trust for Historic Preservation in the United States) did of course file that second amended complaint, following the Court’s roadmap, which included pointing out the ultra vires nature of Trump’s demolition and effort to construct a ballroom using private, donated funds. As a reminder, “ultra vires” is fancy lawyer-talk for outside of one’s legal authority (it’s Latin for “beyond” (ultra) the “powers” (vires)). In other words, demolishing the east wing, and erecting a ballroom, is *outside* of the scope of Trump’s authority. Because guess whose permission he *did not get*?
That’s right. Congress.
This properly-pleaded complaint and motion gave the Court what it needed, which led to today’s wonderful opinion and order, which starts out:
“The President of the United States is the steward of the White House for future generations of First Families. He is not, however, the owner! President Trump (“the President”) claims that Congress has given him authority in existing statutes to construct his East Wing ballroom project and to do it with private funds. The plaintiff, the National Trust for Historic Preservation in the United States (“National Trust”), claims the President has no such authority under existing statutes and that a preliminary injunction is necessary to avoid irreparable harm. I have concluded that the National Trust is likely to succeed on the merits because no statute comes close to giving the President the authority he claims to have. As such, I must therefore GRANT the National Trust’s Motion for a Preliminary Injunction, and the ballroom construction project must stop until Congress authorizes its completion.”
And that’s just page 1 of this glorious 35-page opinion, which is included for Notes members along with the actual order (just another 3 pages).
Notes from the Front members: this one has aaaallll the documents for your reading enjoyment: the denial of the original request for injunction, the motion to stay any injunction, the response to the motion to stay any injunction, the amended complaint, the request for an injunction attendant to the amended complaint, the opinion, and the order granting the injunction. Whew! They’re all in your inbox now.
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https://annepmitchell.substack.com/p/woohoo-court-halts-construction-of
P.S. If you actually read all the way to the bottom please leave a comment that includes the word “TripTik”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering why everyone is talking about TripTiks! ;~)
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