The Supreme Court just gave Trump his illegal ballroom

President Donald Trump talks to reporters on May 19, 2026 about his proposed White House ballroom next to what used to be the East Wing. | Chip Somodevilla/Getty Images Welp, the Supreme Court has decided that President Donald Trump gets to build his ballroom.

The decision in National Park Service v.

National Trust for Historic Preservation is 5-4, with Republican Chief Justice John Roberts joining the three Democratic justices in dissent.

Notably, no member of the Court argued that Trump’s ballroom, an enormous structure that the president plans to build on the former site of the White House’s East Wing, is legal.

As Roberts points out in dissent, a federal law prohibits the construction of any “building or structure … on any reservation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress.” And, as Roberts writes, “Congress has not passed any law resembling ‘express authority’ for the Executive’s construction of” Trump’s ballroom.

Nevertheless, the five Republicans in the majority manage to rule in favor of Trump by effectively immunizing his ballroom from federal lawsuits.

Their opinion highlights two of the most troubling things about the current Supreme Court: its reluctance to impose limits on Trump’s imperial-style presidency, and the frequent incoherence of its reasoning, especially in Trump cases.

Their opinion suggests that no one is allowed to sue to challenge Trump’s decision to destroy and replace much of the White House.

But it is short, does not explain key points of its argument, and relies on several distinctions that do not make any sense.

As a general rule, no one is allowed to file a federal lawsuit unless they can show that they were injured in some way by the defendant they are suing — a requirement known as “standing.” But the Court has long held that plaintiffs suing under conservationist laws that seek to preserve a pristine, sacred, historical, or otherwise beautiful site have standing to bring a suit enforcing such laws against defendants who would damage or destroy such a site’s beauty.

In Lujan v.

Defenders of Wildlife (1992), for example, the Court said that “the desire to use or observe an animal species, even for purely esthetic purposes, is undeniably a cognizable interest” that can be asserted in federal court.

Similarly, the Court held in Friends of the Earth v.

Laidlaw Environmental Services (2000) that “environmental plaintiffs adequately allege injury in fact when they aver that they use the affected area and are persons ‘for whom the aesthetic and recreational values of the area will be lessened’ by the challenged activity.’” So that’s how standing worked right up until Monday afternoon, when the Court handed down its latest opinion.