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CJ Roberts and the Smithsonian Bypass Congress To Build New Latino Museum

On the same day that he accuses President Trump of bypassing Congress to build a new structure, his own entity bypasses Congress to build a new structure.

Josh Blackman | 9.2.2026 1:03 AM

At the same time that Chief Justice Roberts voted to halt the construction of the East Ballroom because Congress did not authorize it, the Chief Justice's other institution voted to bypass Congress to build a new museum. I'm not sure anyone else saw the connection between these two items, but that's why you read this blog.

For decades, there has been a movement to build new Smithsonian museums on the National Mall dedicated to African Americans, Latino Americans, and Women. The African American museum was built in 2016, but it somehow forgot to mention any of Clarence Thomas's accomplishments. (If only one of Thomas's colleagues was in charge!) Alas, the Museum for Latino Americans and Women did not make much progress.

In December 2020, Congress authorized two new Smithsonian museums for Latino Americans and Women.  Congress suggested two new sites on the Mall near the Washington Monument, or the Arts and Industries Building, which is an old structure adjacent to the Smithsonian Castle. In 2022, the Smithsonian Board of Regents selected the two sites on the mall near the Washington Monument for new construction. Both of those sites would have required congressional approval.

"The Board of Regents has been committed to meeting the December deadline Congress set for the selection of sites for these important new museums," Steve Case, chairman of the Board of Regents, said in an email to The Washington Post. "Our search has narrowed to two sites on the National Mall that we believe are optimal, and appropriate. We hope Congress will now consider legislation so we can move forward, as we seek to more fully showcase our collective American journey."

The Regents eliminated the Arts and Industries building........

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