A federal appeals court on Wednesday denied the Trump administration’s motion for a stay pending an appeal seeking to reverse a lower court’s order that effectively removed the president’s name from the Kennedy Center last month.
A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit determined the appellants “failed to demonstrate irreparable harm,” per the three-page order. Based on its decision, the panel noted it’s unnecessary to address the federal government’s “likelihood of success on the merits.” The appeal will continue to play out in court.
The ruling marks another loss for the Justice Department as it seeks to invalidate U.S. District Judge Christopher Cooper’s order to remove all references to President Donald Trump from the Kennedy Center’s building, website, and promotional materials. The center’s board of trustees abided by the order while going through the appeals process.
Federal prosecutors argued the Obama-appointed judge’s order would inflict financial harm on the Kennedy Center, specifically its fundraising efforts. The D.C. Circuit Court, however, concluded the Trump administration “failed to support this assertion with any specific facts or evidence.”
Furthermore, DOJ lawyers alleged a new entity called the Trump Kennedy Center for the Performing Arts Foundation would have to return all money “raised or committed” if Trump’s name is not restored on the center’s facade. The appeals court said the DOJ never raised that argument in the lower court and that the department’s lawyers “have given no explanation for failing to do so.”
The higher court also disagreed with the DOJ’s assertion that removing Trump’s name would “squander” time and expenses. Because the president’s name has already been removed, the court said, “a stay would not avert those harms.”
Gregory Katsas, a Trump appointee, was one of the circuit judges on the panel. The other two judges were Patricia Millett and Robert Wilkins, both of whom were appointed by former President Barack Obama.
Since the Kennedy Center’s original name was restored last month, the administration has kept a white tarp over the building’s front sign. Cooper wants an update from the federal government on why the covering remains in place.
JUDGE ORDERS KENNEDY CENTER TO EXPLAIN TARP BLOCKING FRONT SIGN
Trump initially wanted to close the Kennedy Center for a two-year renovation period, starting this past Sunday. Cooper halted the plan by ruling in favor of Rep. Joyce Beatty (D-OH), the primary plaintiff in the case and an ex officio member of the center’s board.
The district judge is waiting for an update on the Kennedy Center’s programming amid its extensive renovations. The board is set to meet later this month on potential courses of action.