National Park Service, et al. v. National Trust for Historic Preservation in the United States
No. 26A203 · Decided August 31, 2026
Whether the government should be granted a stay of a preliminary injunction that halts the construction of the White House East Wing ballroom. The Court granted the government's application for a stay of the preliminary injunction because the respondent likely lacks Article III standing and the balance of equities favors the government's national security interests.
Vote & lineupPer Curiam
The question
Whether the government should be granted a stay of a preliminary injunction that halts the construction of the White House East Wing ballroom. The central legal issue is whether the respondent has Article III standing to challenge the project based on the aesthetic interests of one of its members. The Court must also determine if the balance of equities and the risk of irreparable harm favor the government.
Petitioner's argument
- The respondent lacks Article III standing because the asserted injury is based on mere aesthetic distaste, offense, or disagreement, which does not constitute a "concrete and particularized" injury.
- The district court exceeded its Article III authority by enjoining the activities of a coordinate branch of government.
- A stay is necessary to prevent irreparable harm to national security, including the need to shield underground military installations from "kinetic impacts" and the impairment of Secret Service "protective operations."
- The balance of equities tips in the government's favor because national security concerns outweigh the respondent's aesthetic preferences.
Respondent's argument
- One of its members, Alison K. Hoagland, suffers a concrete and particularized aesthetic injury due to her expertise in historic architecture and her frequent visits to the White House.
- Aesthetic interests are cognizable for standing purposes, citing the "desire to . . . observe an animal species" as a cognizable interest in *Lujan v. Defenders of Wildlife*.
- The construction project is likely unlawful because it lacks the "express authority of Congress" required by 40 U.S.C. §8106 for buildings on federal public grounds in the District of Columbia.
- The project's scale and massing detract from the "republican simplicity" of the White House, creating a real injury to a documented interest in viewing a historic building.
The decision
- The Court granted the stay, finding the government is likely to succeed on the merits regarding the respondent's lack of standing.
- To establish Article III standing, a party must show an "injury in fact" that is "concrete and particularized" and "actual or imminent," as required by *Lujan v. Defenders of Wildlife* and *TransUnion LLC v. Ramirez*.
- The Court reasoned that "mere offense, disagreement, or distaste" does not qualify as a concrete injury, citing *FDA v. Alliance for Hippocratic Medicine*.
- The Court invoked *Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.* to clarify that standing cannot be based on the "psychological consequence presumably produced by observation of conduct with which one disagrees."
- The Court rejected the respondent's reliance on *Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.* and *Summers v. Earth Island Institute*, noting those environmental cases involved more than mere offense, such as the abandonment of recreational activities.
- The Court clarified that while a "cognizable interest" (such as viewing a crocodile in *Lujan*) is necessary, it is not sufficient; the injury must still be concrete and particularized.
- The Court held that standing is not measured by the "intensity of the litigant’s interest" or "special interest in the subject," citing *Valley Forge* and *Lujan*.
- Regarding irreparable harm, the Court relied on declarations from national security officials stating that the ballroom's mass is "crucial" to protect underground facilities and that delays impair Secret Service operations.
- The Court concluded that the government's operational and security needs "plainly outweigh" the respondent's aesthetic interests, applying the balancing test from *Winter v. Natural Resources Defense Council, Inc.*
Separate opinions
ROBERTS, dissenting, joined by SOTOMAYOR, KAGAN, and JACKSON
- Argues the construction is likely unlawful under 40 U.S.C. §8106 because Congress has not provided "express authority" for the ballroom, and the appropriations in 3 U.S.C. §105(d)(1) and the conservation mandate in 54 U.S.C. §100101(a) are insufficient.
- Contends that Hoagland's injury is concrete and particularized because the White House is an iconic building and she has a "focused and substantiated" interest in its preservation, analogous to the aesthetic injuries recognized in *Summers v. Earth Island Institute* and *Lujan v. Defenders of Wildlife*.
- Asserts that the majority improperly reframes a documented aesthetic interest in a historic building as "mere offense," thereby ignoring the distinction between a general taxpayer and a historic preservationist.