August 17, 2026
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15:34Now PlayingFederal judges have frozen construction on President Trump's White House ballroom project, and now the fight has reached the United States Supreme Court. I think the standing problem alone should make this an easy case.
In today's show, I break down Solicitor General John Sauer's emergency appeal to the Supreme Court and Judge Neomi Rao's blistering dissent from the D.C. Circuit. The lawsuit challenges a project the administration says is not merely a ballroom but an integrated national-security facility involving hardened infrastructure, secure communications, medical capabilities, and protections for presidents, foreign dignitaries, and senior officials. Yet the lower courts allowed the project to be stopped based on alleged aesthetic injuries tied to the White House grounds.
I explain why I believe this represents a much larger Article III problem: federal courts assuming authority over executive action without a plaintiff who has suffered the kind of concrete injury the Constitution requires. Chief Justice John Roberts now has the emergency application, the challengers face an August 18 response deadline, and the lower court's stay runs only through August 21. This one could move quickly.
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