Obama-Biden Judges Just Blocked Construction on the President’s Residence — But the Joke’s On Them

Judge Neomi Rao, the lone dissenter and the only Trump appointee on the panel, disagreed — and her dissent goes to the heart of why this ruling is constitutionally dubious. The executive branch has inherent authority over the White House compound. The president lives and works there. The security infrastructure of the presidency is an executive responsibility. Requiring congressional authorization for White House construction and renovation decisions turns a fundamental executive prerogative into a congressional veto over the president’s ability to run his own house. And never mind that many previous presidents have renovated parts of the White House without fussy political hacks disguised as judges interferring.

There’s also a small logistical problem with the majority’s ruling that the article notes almost in passing: the demolition of the East Wing has already happened. The construction is already underway. The court is issuing an order to stop something that is partially built — raising the question of what exactly it expects the administration to do at this point.