President Donald Trump's plan to replace the White House East Wing with a large new ballroom has suffered another significant courtroom defeat, as an appeals court ruled against the project. The White House, a designated national historic site managed in partnership with the National Park Service, has undergone major renovations before — most notably the Truman-era reconstruction authorized by Congress — but those efforts proceeded with explicit legislative approval. With the legal battle now potentially heading to the U.S. Supreme Court, one legal analyst suggests Trump may be running out of legal ground.

Speaking during a Friday panel discussion following the ruling, MS NOW legal analyst Lisa Rubin noted that while the Supreme Court has generally been receptive to expanding executive authority for Trump, it is not certain the justices will take up this particular case.

"Possibly, not necessarily, but very well, possibly in part because this is a court that oftentimes will take up the president's, quote unquote, emergency request for its intervention," Rubin said.

Rubin explained that Trump would likely ask a lower court to stay the appeals court ruling pending further appeal. For construction to resume, Trump would need permission from the U.S. Supreme Court, which is currently on summer break. The Court's first oral argument is not scheduled until October 5, 2026.

"Knowing that, [the court] may be hard-pressed to turn down an opportunity to clarify what they mean," Rubin continued. "On the other hand, will this necessarily go his way? I'm not — I don't think so. And that's because the president took it upon himself unilaterally, as you were just reviewing, to not only demolish the East Room, but to begin the construction of a ballroom. And this court says in a 100-page opinion that, for a variety of reasons across statutory and constitutional authorities, that just wasn't his decision to make, irrespective of what dollars he's using, irrespective of the rationale for building it. It was never his decision to make."

The 100-page appellate opinion spans both statutory and constitutional grounds, reflecting the complexity of disputes over alterations to property that sits at the intersection of executive residence, national landmark, and federal historic preservation obligations.

Rubin described the situation as a "fundamental clash" between the branches of government, noting that while some such disputes have been resolved in Trump's favor, a small number have not.

"This is a Supreme Court that has been very friendly to this president's interpretation of sort of an elastic presidential power," Rubin said. "The question is, at some point that rubber band snaps. This might be that opportunity."

Substitute host Gene Daniels observed that the East Wing has already been demolished and asked what remedy the Supreme Court could realistically provide. Trump cannot simply be fined by the court and ordered to rebuild the East Wing as it previously existed.

"More importantly, it doesn't necessarily mean that the White House has to put any money toward or that there's any relief for the people who have brought this case in the first place," Rubin said. "Now, let's remember, the plaintiffs in this case are a national historic organization that basically are seeking to vindicate the interests of preservation of historic buildings. So, it's not clear what the relief for them would be, other than pausing and stopping any future construction."

Rubin added that the large excavation on the White House grounds remains in place.

Former Republican National Committee Chairman Michael Steele characterized Trump's actions in Washington as "an abomination." He noted that even during periods of deep national division over the Vietnam War, women's suffrage, and the Civil Rights movement, national monuments were left untouched.

"And that's what Donald Trump is doing. His imprimatur is, I'm going to turn this into me, and there's nothing you can do about it," Steele said.

Steele argued that this reflects Trump's broader pattern: he does whatever he wants until someone stops him, leaving others to deal with the consequences. He said he fully expects the Supreme Court to ultimately allow Trump to proceed with his plans for the White House.

"What's the court going to do? The court's going to give him what he wants. They'll find a way. They'll make the case that was made here. Well, you've already torn the building down and you're not going to rebuild the old East Wing. And you know, the administration doesn't have those parameters to do that. So, future administrations should know they can't. But what are you going to do? So, that's how Donald Trump acts. He acts. And then everybody else has to figure out how to undo it. And they realize they can't. He wins," Steele concluded.