MORNING GLORY: SCOTUS should urgently allow construction at the White House to proceed

Because of extremely unfortunate, inexplicable and reckless decisions of two lower courts, U.S. Supreme Court Chief Justice John Roberts has before him an application for a stay of an order from the United States Court of Appeals for the District of Columbia Circuit which order upholds the imposition of a rococo construction schedule for the above-ground construction of the new East Wing of the White House, one which was ordered by U.S. District Judge Richard Leon's micromanagement of what can and cannot be built in the replacement structure of the now demolished old East Wing of the White House — an East Wing which was built in 1902 and expanded in 1942 when FDR had it substantially expanded and added underground facilities which include the Presidential Emergency Operations Center. An 84-year-old "emergency center" is, of course, outdated.

Judge Leon and the Circuit have directed President Trump what he can and cannot build on the grounds of the Executive Mansion. Judge Leon is an old acquaintance of mine and has been a fine judge for his long tenure (he was appointed by President George W. Bush in 2002 and assumed senior status in 2016), but even the best judges throw a spanner every now and then, and this order is one of those.

Judge Neomi Rao, perhaps the most brilliant intellect on the D.C. Circuit, issued a comprehensive dissent to the rambling wreck of the circuit court's lengthy opinion. The Department of Justice has asked the Chief Justice to stay the order of the Circuit Court and thus Judge Leon's order.

Justice Roberts requested the Trust's response, due by noon (EDT) on Tuesday, August 18, 2026.

I hope the Chief Justice stays the D.C. Circuit order Tuesday by COB and makes it clear that construction may continue until and unless the Supreme Court itself orders it halted. Not only are there obvious "standing issues" that should have barred the courts from reaching to the "merits" of the case brought by the National Trust for Historic Preservation (as President Trump noted in a post Thursday,) but the heart of the debate is presidential authority over the Executive Mansion and its attached grounds and other structures related to the role of commander in chief.

This is not a close case. A terse opinion may follow on the ongoing, urgent need to allow this president and all future presidents authority over their home/office/national security facilities within that area as well as associated areas such as Camp David.

Judge Rao's dissent from the D.C. Circuit decision is persuasive, but it is too long. The idea that there has to be a process to change the White House facilities (or Camp David or any national security facility threatened by the continually changing capabilities of the country's enemies) is ridiculous and should be declared so in short, sharp sentences aimed at restoring common sense to the country's awareness of the threats it faces.

"Trump Derangement Syndrome" has spread far and wide, but while the hard left in this country (and the terror-based regimes which align with the objectives of the radicals) would love to see a commander in chief denied authority over his command structures and defense of his residence, the Supreme Court should move quickly to end this circus.

Most of America, and certainly its highest court, would rather spend the rest of its summer break relaxing and preparing for another term that begins in October.