Scott Gurvey's Public Offerings

The Supreme Court is only two thirds of the way through its three-month summer vacation. But the conservative majority has kept busy facilitating Donald Trump‘s marauding destruction of the institutions of the government, both physical and abstract. In so doing they have supported his strategy to wreak havoc on the nation, sowing a path of destruction so quickly his opponents can’t mount a defense quickly enough to stop him from achieving his goals. Their embarrassingly rash decisions make a mockery of the judicial process and the rule of law.

Mail-In Ballots

Using the tool of the Executive Order Trump has directed the United States Postal Service to deliver mail-in ballots only to people on a federal list of voters. Never mind the fact that the Constitution assigns to the states control over the election process absent specific legislation passed by Congress. Never mind the fact that the law establishing the USPS charges it with delivering the mail and little more, making any attempt by that organization to restrict the mailing of ballots by the states and their return by the voters illegal. Never mind the fact that in spite of  Trump’s whining that mail-in ballots lead to election fraud not a single court has ever found such fraud affecting the outcome of an election. The Supreme Court members who Trump refers to as “my judges” interrupted their summer vacation to do his bidding.

The Executive Order has been challenged in multiple courts. Several issued injunctions, stopping the order from being implemented pending a full court review. This is known as preserving the status quo and with less than 60 days until the election, agrees with past challenges to election law and procedure.

Which sent Trump running, as he has done so many times before, to “his” judges. They found, on their emergency docket and without any formal brief or public arguments, that the status quo meant don’t interfere with Trump while the case is pending. This stands the entire concept on temporary injunctions on its ear. Trump v. California was decided on a strictly partisan vote, 6-3.

A whistleblower report to Congress from inside the USPS says the service is rushing out “untested” technology that could “derail” the upcoming election. State officials, in many cases about to send out their mail ballots, have no idea how they should respond to the order’s requirements. They only know they face criminal charges for failure to comply.

That is clearly what the conservative majority wants. They did caution that their order was preliminary and not a final decision on whether the administration’s order “will necessarily be lawful” once the plans are complete. “On that score, time will tell,” the majority said in the 10-page, unsigned order. But of course, the election will have come and gone and who knows how many voters will have been kept from casting their ballots by Trump’s action. Which is what he wants. The Court could have dealt with the substantive issues right then and there and eliminated the uncertainly. But that is not their plan.

Justice Ketanji Brown Jackson, with a separate 23-page dissent, considered the merits. “The President does not have any legal authority to require that elections be conducted in accordance with his preferences,” she says, “or to withhold delivery of mail-in ballots that are not formatted consistent with the President’s wishes.”

The Ballroom

And then comes the matter of the ballroom. Everyone who has ever rented a place to live knows full well the lease does not give you the right to damage the place, least you sacrifice your security deposit and be subject to a lawsuit for additional damages. So, what do you think “We the People,” landlords of The White House, should charge Donald Trump? He has trashed the joint from end to end.

The West Wing offices have been gilded to look like the French Palace of Versailles. The lawns and gardens have been paved over like a roadside motel. And the East Wing has been totally destroyed and rising in its place is some sort of monstrosity which will dwarf the historic residence the people loan every four years to their president.

The conservative majority which dominates the Court won’t stop it.

Again, a district court granted an injunction to stop the building pending a full hearing on the key question, “Can a president do what he wants with the White House?” Again, the conservatives on the Supreme Court stayed the injunction, finding that preserving the status quo meant letting Trump continue pending the court hearings. Trump has the workers on the job 20 hours day with the clear expectation that he will have his giant ballroom finished before the court issues a final ruling. That is characterized by another French term, a fait accompli.

In July 2025, the White House said the ballroom would be funded by private donations and cost about $200 million. Later, the cost was adjusted to $400 million. Now, the price tag is closer to $600 million, according to contractor invoices, and about half will be paid by taxpayers. No surprise. The ballroom will be built with missile-resistant columns and a drone-proof roof. What will it cost if the next president decides to pull it down?

The Supreme Court’s shadow docket ruling, National Park Service v National Trust for Historic Preservation, didn’t address the legality of the project. Lower courts said the construction required congressional approval. The decision focused on whether the plaintiff, the National Trust for Historic Preservation, had the standing to bring a lawsuit. The trust had to show that the ballroom’s planned construction would, among other things, cause board member Alison Hoagland “harm.” How can a building inflict pain, and how could such suffering be quantified?

In a declaration, Hoagland wrote: “I would suffer both professional and personal injuries, including to my aesthetic, cultural, and historical interests.” Hoagland, a historian, said she enjoyed walking past the White House and feared that Trump’s addition would distort the building’s character.

This shadow docket ruling was so disgusting even Chief Justice John Roberts couldn’t stomach it, breaking with his five conservative collogues to join the liberals 5-4 and writing the dissent.

Wrote Roberts, “The White House is not just any building, and — when it comes to historic preservation — Hoagland is not just any person. In failing to appreciate as much, the Court misconceives the plaintiff’s injury, allowing the Executive’s likely infringement of the Legislature’s power of the purse and authority to regulate federal property in the District of Columbia to continue.”

The Trump administration didn’t go through the usual review process. But the Republican-controlled Congress, as usual, is not willing to do anything about it. Trump’s desire seems to be to remake Washington in his image. And to leave his name and likeness on as many parts of the government as possible.

An overhaul of the East Potomac Golf Links is about to begin. Trees are already facing the axe. A 250-foot triumphal arch will, according to the White House, start construction within weeks. Trump threatens to tear down the Kennedy Center unless he can put his name back up under the name of the fallen president.

Designed by Trump. Approved by nobody.

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