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... "We are aware of no instance in American history in which a President unilaterally and using privately collected funds demolished substantial portions of the White House that Congress authorized to be built and American taxpayers paid for. Until now," the majority wrote.

The panel split along ideological lines. The majority comprised U.S. Circuit Judge Patricia Millett, an appointee of former President Obama, and U.S. Circuit Judge Brad Garcia, an appointee of former President Biden.

In dissent, U.S. Circuit Judge Neomi Rao, a Trump appointee, said the preservationist group that is challenging Trump in court had no right to sue and the project was likely within the president's authority.

"The district court seized supervision of construction at the White House, and my colleagues affirm this judicial overreach," Rao wrote. "Because the injunction is beyond the proper province of the federal courts, construction should be allowed to continue." ...