Court examines Philadelphia’s authority to make government keep slave exhibits
A three-judge panel of the U.S. Court of Appeals for the Third Circuit sharply questioned lawyers during a Trump management appeal involving Philadelphia’s effort to restore a slavery exhibit at the President’s House site, a federal property run by the National Park Service.
The Justice department argued the panels were removed as part of permissible “curatorial” discretion, saying the government can decide how to emphasize history and that such decisions are generally not subject to judicial review. In contrast, Philadelphia’s attorney said the exhibit was intended as a permanent installation and that the city has an interest in keeping it in place; though, the judges pressed back, questioning why it must never change even if circumstances or historical interpretation shift.
The exhibit, titled “Freedom and Slavery in the Making of a New Nation,” highlighted nine enslaved people who lived at the location during george Washington’s time there (1790-1797). It had been installed in 2010 but was removed in January after a 2025 Trump executive action instructed National Park Service displays be purged of “false reconstruction” and content that “inappropriately disparages americans past or living.” A district court previously restored the exhibits, and the appeals court panel made clear it was not firmly convinced by the “permanent, unchangeable” premise.
The judges did not indicate when they would rule. The panel included Thomas Hardiman, L. Felipe Restrepo, and Peter J. Phipps.
A federal appeals court sharply questioned lawyers for the city of Philadelphia on Tuesday over their lawsuit seeking to restore a slavery exhibit to the President’s House site in the city, which is operated by the federal government.
A three-judge panel on the U.S. Court of Appeals for the Third Circuit heard arguments in a Trump administration appeal of a district court ruling that the Department of the Interior was not permitted to remove panels at the historic site that included references to slavery. Justice Department lawyer Gregory in den Berken, arguing on behalf of the Trump administration, claimed the decision was simply curating the exhibits at the National Park Service property, and that the federal government may choose how to emphasize different aspects of history.
Recommended Stories
“The conduct … the city challenges is necessarily committed to agency discretion by law,” in den Berken told the panel. “These types of curatorial decisions by the Park Service are inherently not subject to judicial review.”
Anne Taylor, the lawyer arguing for the city of Philadelphia at Tuesday’s hearing, faced intense questioning from the panel of judges over why the city has an interest, or an ability, to dictate the exhibits at a historic site not operated by them. One of the judges asked Taylor directly if it is the “city’s position that the government can’t curate its property,” to which she responded that was correct.
“Because this is not an act of curation, and again, that is why I emphasize that everybody understood this to be a permanent installation, as it was designed, planned, and installed, so that is specific to the site,” Taylor said.
The judge pushed back on Taylor’s assertion, questioning her premise that it was a permanent exhibit that could never be modified.
“I understand why the city would expect that when the president’s house was erected with the exhibits and the talent that was procured and paid for to do the exhibits, including the videos,” the judge questioned Taylor. “I understand why the city would have an expectation that that would stay the same for a while. I’m having trouble understanding why the city would have a reasonable expectation it would always stay that way.”
The exhibit, titled “Freedom and Slavery in the Making of a New Nation,” focused on the nine slaves who lived at the location when President George Washington lived there from 1790 to 1797 and was removed by the Trump administration in January. The exhibit had been on display since 2010 and was removed after President Donald Trump’s 2025 executive action ordered that National Park Service displays be rid of exhibits that feature a “false reconstruction of American history” or which “inappropriately disparages Americans past or living.”
The removal prompted a lawsuit by the city of Philadelphia, which led to a federal district court order restoring the exhibits. The appeals court panel Tuesday appeared unconvinced by Taylor’s assertion that the exhibits must never change, regardless of whether history changes or the exhibits become outdated, grilling her on various hypotheticals.
The panel did not say when it would issue a ruling on the Trump administration’s appeal. The three-judge appeals court panel included U.S. Circuit Judges Thomas Hardiman, an appointee of former President George W. Bush; L. Felipe Restrepo, an appointee of former President Barack Obama; and Peter J. Phipps, a Trump appointee.
APPEALS COURT STRIKES DOWN WAR DEPARTMENT’S BAN ON TRANSGENDER TROOPS
The Trump administration’s efforts to modify federal properties have been the subject of various lawsuits, beyond the President’s House in Philadelphia. At the president’s current house – the White House – litigation over Trump’s proposed ballroom and other renovations to the East Wing continues in federal court.
A federal appeals court has permitted construction to continue in the interim, with the appellate court set to hear arguments in the lawsuit challenging the proposed ballroom on Friday.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
