Preservation group urges supreme court to suspend Trump White House ballroom project

National Trust for Historic Preservation filing comes after president made emergency bid for construction to continue

A historic preservation group that sued to block construction of Donald Trump ’s White House ballroom urged the US supreme court on Tuesday to suspend the project while it considers whether the work can continue.

The National Trust for Historic Preservation filed its request less than a week after the Trump administration asked the nation’s highest court to allow the White House to continue construction on its $400m ballroom project during the appeals process.

Lawyers for the trust accused the administration of trying to “outrun judicial review” rather than obtain permission for the work from Congress , as required by federal law.

The administration “cannot identify any statute granting them ‘express authority’ to destroy a third of the White House and replace it with a massive, privately funded ballroom, because none exists”, trust attorneys wrote.

The building of the 90,000sq-ft (8,400 sq meters) ballroom has included demolishing the East Wing of the White House and is part of Trump’s plans to quickly remake Washington. The project includes the addition of an underground military facility that the administration says is necessary to protect the president.

The petition comes after a divided appeals court panel upheld an order to pause aboveground construction on the project. The ruling was suspended to let the administration appeal.

The ruling left intact an order by Richard Leon, the US district judge who was nominated by Republican president George W Bush. Leon wrote that “no statute comes close to giving the president the authority he claims to have”.

The administration argues that the president, not Congress or the courts, has unimpeded authority to renovate the White House. The current state of the project, essentially an open construction site, makes it harder to protect the White House, the justice department contends.

The administration also says the National Trust for Historic Preservation does not have the legal right, or standing, to sue over the ballroom .

Trust attorneys said the preliminary injunction issued by the lower court is “already narrowly tailored, and limited in scope and duration”.

“It expressly allows [the administration] to continue building their underground military facility, to protect the president, his family, and his staff, and to maintain the safety and security of the White House complex,” they wrote.

Chief Justice John Roberts had set a deadline of Tuesday for the trust to respond in writing to the administration’s petition.

Solicitor general D John Sauer, who represents the administration, asked the supreme court to rule on its stay petition before the appeals court panel’s decision takes effect on Friday.

“This case involves an extraordinary and unlawful injunction that will halt the ongoing construction of the integrated military complex, including a totally secure ballroom space, at the East Wing of the White House, which is vitally required by national security,” Sauer wrote.

The ballroom has been under construction for 10 months. The administration says the work is roughly 65% finished.