Judge Reyes Keeps Trump's Golf Course Open to the Public, but Not Necessarily for Golf

Well, so much for that November 15 deadline.

The legal battle over President Donald Trump's plans to transform Washington, D.C.'s historic East Potomac Golf Course into a championship-level facility took another turn Saturday when U.S. District Judge Ana Reyes issued a 30-page temporary restraining order blocking the administration from closing the property as planned.

And this fight has become about considerably more than golf.

The administration had announced that East Potomac Park, including its golf course, would close Sunday to facilitate redevelopment. The National Park Service (NPS) subsequently cited safety concerns involving a deteriorating seawall and the impending departure of National Links Trust, which operates the course.

Reyes was not persuaded. (Par for the course.)

The Judge Tees Off

In her Saturday ruling, the judge concluded that those explanations were simply pretexts for carrying out Trump's directive to begin redeveloping the property. She pointed to the timing of the announcement, noting that seawall problems had been documented for years without prompting a park-wide closure. She also observed that more than 30,000 runners had participated in the Marine Corps Marathon around the park's perimeter just weeks earlier.

As for the golf course's impending lack of an operator, Reyes noted that NPS itself had arranged for National Links Trust's involvement to end November 15 — coincidentally, the very date Trump had selected for the closure.

But the ruling doesn't rest entirely on Reyes's skepticism of the government's explanations — there's also a rather significant regulatory wrinkle. Under NPS regulations, certain park closures that substantially alter public use or affect a park's scenic, natural, or cultural values require formal rulemaking.

Reyes concluded that shutting down most of East Potomac Park for an indefinite period — potentially years — triggers that requirement.

The agency hadn't completed the necessary process before Sunday's planned closure. Though the government submitted additional environmental and historic-preservation paperwork after Friday's hearing, that wasn't enough to persuade Reyes to allow the closure.

The judge also reiterated her earlier conclusion that the administration cannot implement portions of the broader golf-course redevelopment without first completing the environmental review required by federal law.

The government disputes that conclusion, maintaining that no final redevelopment decision has been made and that ordinary park-management decisions shouldn't automatically become subject to judicial intervention.

Alright, So Now What? 

Under Reyes's order, the park and golf course must remain accessible to the public through November 28, unless the order is modified or terminated sooner.

The added hook (or slice)? The judge did not order NPS to keep the golf course operating for play or hire someone to run it. Officials may also temporarily restrict access to areas affected by active seawall repairs or imminent safety hazards, subject to reporting requirements. So the administration is left with some operational discretion, even as the court prevents the broader closure.

Meanwhile, the original preliminary injunction restricting further tree removal remains in effect, and the administration has already appealed that ruling to the D.C. Circuit.

The increasingly chippy proceedings have also spawned a separate dispute over Reyes' authority to investigate possible ethical violations by government attorneys, with the Justice Department objecting to her proposed appointment of a special master.

In other words, what began as a fight over trees and golf-course renovations has developed into a much larger confrontation over the boundaries of executive and judicial authority.

For the moment, Reyes has stopped the November 15 closure. Whether her interpretation of federal law — and the scope of her intervention — survives appellate scrutiny remains to be seen.

And something tells me the ultimate decision in this increasingly extraordinary legal battle may be made on the back nine.

Editor's Note: Unelected federal judges are obstructing President Trump's agenda and ignoring the will of the people.

Help us expose out-of-control judges determined to halt President Trump's mandate for change. Join RedState VIP and use promo code FIGHT to receive 60% off your membership.