Trump Administration Seeks Appeal to Pause White House Ballroom Halt Order
Law School News
The Trump administration is arguing that a judge's order to halt construction of a $400 million ballroom creates a security risk for President Donald Trump as it asks a federal appeals court to pause the ruling.
In a motion filed Friday, National Park Service lawyers say that the federal judge's order to suspend construction of the new facility is "threatening grave national-security harms to the White House, the President and his family, and the President's staff."
"Time is of the essence!" the lawyers write, citing materials that will be installed to make a "heavily fortified" facility. The ballroom construction also includes bomb shelters, military installations and a medical facility, according to the filing. The ballroom is part of President Donald Trump's plans to quickly remake Washington.
U.S. District Judge Richard Leon in Washington on Tuesday ordered the temporary pause of the construction project that has included demolishing the East Wing of the White House. He concluded that unless Congress approves the project, the preservationist group suing to stop it is likely to succeed on the merits of its claims because "no statute comes close to giving the President the authority he claims to have."
The judge suspended enforcement of his order for 14 days acknowledging that the administration would appeal his decision.
Leon's ruling and the appeal come the same week a key agency tasked with approving construction on federal property in the Washington region gave final approval to the project.
In his ruling Leon, who was nominated by Republican President George W. Bush, suspended enforcement of his order recognizing that "halting an ongoing construction project may raise logistical issues."
Leon also addressed national security in his ruling, saying that he reviewed information that the government privately submitted to him and concluded that halting construction wouldn't jeopardize national security. He exempted any construction work that is necessary for the safety and security of the White House from the scope of the injunction.
Trump lashed out at the ruling, but also noted that it would allow work on underground bunkers and other security measures around the White House grounds to continue — even though those will be paid for by taxpayers. Trump has pledged that he, along with private donors, will cover the costs for the ballroom construction.
But the National Park Service argues in its motion that the president has "complete authority to renovate the White House" and the current state of the grounds, which is an open construction site, make it harder to protect the White House.
"Canvas tents, which are necessary without a ballroom, are significantly more vulnerable to missiles, drones, and other threats than a hardened national security facility," the motion says.
The Trump administration is asking the appeals court to make a decision on its request by Friday. It also asked that the 14-day suspension of Leon's order be extended by another two weeks so that the case can be taken to the Supreme Court.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.