Panel faults lack of evidence for fundraising harm claims

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit on Wednesday rejected the Trump administration’s emergency request to temporarily lift a lower court order requiring the removal of President Donald Trump’s name from the Kennedy Center for the Performing Arts, according to the unsigned order.

The ruling means Trump’s name will remain off the Washington venue’s facade — where it was stripped in June — while the administration challenges U.S. District Judge Christopher Cooper’s May order that only Congress has the authority to rename the congressionally designated institution. The appeals court’s decision was not on the merits of the case, and Trump’s appeal can continue.

The Justice Department had argued that removing Trump’s name from the Kennedy Center would “substantially undermine fundraising” for the center and “contribute to the financial decline of the Center,” according to the court order. The panel rejected that assertion, saying the administration had not provided “any specific facts or evidence” to support it.

“Since that removal has already occurred … a stay would not avert those harms (even assuming they would qualify as irreparable),” the panel wrote.

The judges also dismissed the administration’s argument that a new entity called the Trump Kennedy Center for the Performing Arts Foundation would be unable to fundraise and would have to return all money “raised or committed” to it if Trump’s name is not returned to the facade.

The panel included two judges appointed by former President Barack Obama and a third appointed by Trump during his first term.

Cooper ordered the name’s removal in May after Rep. Joyce Beatty, a Democratic representative and Kennedy Center board member, sued over Trump’s attempt to rename the venue and close it for two years of renovations starting July 4. Trump’s name was removed from the facade and signage last month. MSI previously reported that workers removed the bronze letters spelling “Donald J Trump” from the facade under court order and that a tarp remains draped over scaffolding.

The White House had no immediate comment. Representatives for Beatty did not immediately respond to a request for comment.