The D.C. Circuit Court has ruled, in a 2-1 decision, that President Donald Trump is unable to continue construction on the new White House Ballroom, stating that the Trump administration cannot demolish the East Wing or begin above-ground construction without consent from Congress.

The majority on the D.C. court are apparently unaware that the demolition of the East Wing has already taken place and that construction of the new $400 million ballroom is well underway. Judge Neomi Rao, a Trump-appointee and the lone dissenter on the D.C. court, stated that the majority has not given enough consideration to the national security concerns of the Executive Branch.

The two members of the majority, Judges Patricia Millett and Brad Garcia, were appointed by Presidents Barack Obama and Joe Biden respectively.

Trump amplified his campaign to build the 22,000 square foot ballroom after he and members of his administration faced an assassination threat at the White House Correspondents’ Dinner on April 25, hosted at the Washington Hilton. A 31-year-old man who coined himself as the “Friendly Neighborhood Assassin” in his manifesto attempted to sprint through a security checkpoint set up at the venue while armed with two firearms and multiple knives.

The decision has been given a 14-day pause to allow for the Trump administration to make an appeal to the Supreme Court.