A federal appeals court is allowing the Trump White House to ban the Associated Press from the Oval Office and other restricted spaces for now in a ruling that blocked a lower court’s ruling that claimed the ban was unconstitutional.
In a 2-1 order, the U.S. Court of Appeals for the District of Columbia granted in part a stay of the lower court’s April 8 ruling that declared the content-based ban unconstitutional. Both of the judges who ruled in the administration’s favor were nominated by President Trump in his first term.
“We grant in part the government’s motion for a stay pending appeal,” Judge Gregory Katsas and Judge Neomi Rao wrote. “The White House is likely to succeed on the merits because these restricted presidential spaces are not First Amendment fora opened for private speech and discussion. The White House therefore retained discretion to determine, including on the basis of viewpoint, which journalists will be admitted. Moreover, without a stay, the government will suffer irreparable harm because the injunction impinges on the president’s independence and control over this private workspaces.”
The White House has already assumed control of the White House press pool access and rotation so that wire outlets, including the Associated Press, are not in spaces like Air Force One or the Oval Office as frequently as they once were.
This is a developing story and will be updated.
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