Court once again rejects Trump’s request to put his name back on the Kennedy Center

A federal appeals court said for the second time it would not move quickly to overturn a judge’s order that removed President Donald Trump’s name from the Kennedy Center.

The new order from the U.S. Circuit Court of Appeals in D.C. rejected Trump’s arguments that removing his name from the building would dampen fundraising efforts for the performing arts institution.

The defendants in this case “failed to support this assertion with specific facts or evidence,” the circuit court said. “They only offer conclusive assertions by the executive director of the Kennedy Center that were made in a statement with no factual basis.”

Trump also argued that the Kennedy Center’s statutes would require him to return the contributions he had made unless his name was reinstated on its facade. The appeals court noted that the defendants never asserted this claim when the case was before the district court. The lawsuit was filed by Ohio Rep. Joyce Beatty, a Democrat and ex officio administrator.

Circuit Judges Patricia Millet and Robert Wilkins — both appointed by former President Barack Obama — were on the panel reviewing the emergency appeal, along with Circuit Judge Gregory Katsas, a Trump appointee known for his alignment with some conservative justices on the U.S. Supreme Court. There was no dissent from the new order.

Hours before Trump’s name was removed from the building’s exterior last month, workers built scaffolding with a tarp blocking the facade.

Kennedy Center Executive Director Matt Floca claimed in a statement that letters bearing Trump’s name had been removed; however, the tarp remains in place weeks later. CNN obtained footage from behind the tarp confirming Floca’s statement.

“Today’s decision once again affirms that this administration’s efforts to rename the Kennedy Center were unlawful,” Beatty said Wednesday. “His name no longer desecrates this sacred memorial that belongs to the American people. Now is the time for the Trump administration to accept this, follow the law and remove the tarps.”

U.S. District Judge Casey Cooper asked the institution to provide an explanation for the tarp and scaffolding that covered the building’s exterior signage in the coming weeks.

Trump’s name was removed from the Kennedy Center building after the same panel of appeals judges rejected his request for an immediate, “administrative” order to stay its removal before Cooper’s deadline.

Cooper’s May 29 ruling stated that Trump’s name should be removed from both the physical building and its website. He also blocked the plan to close the center for renovation. A longer-term appeal against this decision will continue.

A source familiar with the matter told CNN that plans to strengthen the programs are “coming together” and will be discussed at the next board meeting, scheduled as early as next week.

The center has added additional new music programming on the Millennium Stage throughout the month of July.

This story has been updated with additional reactions.

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