The administration said a temporary injunction to halt potential work on the Eisenhower Executive Office Building is unnecessary since President Donald Trump has not made a final decision as to whether painting the building is part of his plan to change the look of Washington.
In a filing with the U.S. District Court for the District of Columbia on Nov. 26, administration lawyers said no action had occurred that the court could block. The filing came in response to a lawsuit that seeks to prevent the administration from painting the building. The administration also urged the court to delay a Dec. 8 hearing until February, when it could resolve several issues.
“There is nothing for this court to enjoin,” the administration said, adding that “it is beyond cavil that courts may not enjoin the President for official conduct, much less under the APA [Administrative Procedure Act] and for hypothetical future conduct that may not even occur.”
