Judge’s ballroom ruling reminds us three branches are equal

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The third branch of government, in the person of Judge Richard J. Leon, decided the day before April Fool’s Day that our first branch’s approval was indeed required for the second branch’s self-described great big beautiful new ballroom where the East Wing of the White House once stood. His opinion began, “The President of the United States is the steward of the White House for future generations of First Families. He is not, however, the owner!”

The lawsuit that ended with the order requiring the president to “stop!” was brought by the National Trust for Historic Preservation in the United States. The Trust’s lawyer said in the closing argument that the administration “had forgotten the proverbial first law of holes – when you find yourself in one, stop digging.” The president described the Trust on the occasion of Judge Leon’s stop-work order as a “radical left group of lunatics.”

While Judge Leon’s words are worth reading, section 48 USC sec 8116 strikes a fatal dagger at the ballroom project, “… a building or structure shall not be erected on any reservation or public grounds of the Federal Government in the District of Columbia without express authority of Congress.” The president’s lawyers struggled mightily to find that congressional authority in an annual appropriation for maintenance of the executive residence of the White House, urging that it encompassed approval of the demolition of the East Wing and the building of a $400 million ballroom. Judge Leon’s response was that “Congress … does not hide elephants in mouse holes.”

Judge Leon closed with what he described as good news – that it is not too late and that the required congressional approval can now be sought.

Let this be a reminder that our federal government has three branches.

Editorial Advisory Board Members Debra G. Schubert did not participate in this opinion.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

Gary E. Bair

Jill P. Carter

Arthur F. Fergenson

Nancy Forster

Susan Francis

Julie C. Janofsky

Ericka N. King

George Liebmann

George Nilson

Steven I. Platt

Angela W. Russell

Debra G. Schubert

Jeff Sovern

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.