President’s House update: Philadelphia files for rehearing after court dismisses 4 out of 5 claims

PHILADELPHIA - Philadelphia is asking the Third Circuit Court of Appeals to reconsider its decision that dismissed most of the city’s lawsuit challenging the federal government’s removal of interpretive panels at the President’s House historic site, according to court documents filed Monday, August 3.

What we know:

The city’s legal team filed a petition for panel rehearing or rehearing en banc, arguing that the federal government’s removal of the panels at the President’s House was a reviewable agency action under federal law and that the court’s ruling was both wrong and highly consequential.

City argues court’s decision blocks review of federal actions

Philadelphia’s attorneys said the panel’s ruling "supplies a roadmap for agencies to insulate consequential conduct from judicial review: so long as an agency implements a formal policy through discrete, on-the-ground action—rather than through a rule or order labeled as such—it can place that action outside the APA’s definition of ‘agency action’ altogether."

The city’s petition claims the decision "will shield from the APA not only the dismantling of the President’s House, but agency action across this Circuit. The Court should grant rehearing."

The legal team also said, "The President’s House is the first federal site to memorialize the enslaved people held by George Washington—nine men and women whose lives and paths to freedom are told on the grounds on which they lived while Washington governed the young Nation."

The city’s attorneys argued that the court’s approach "transforms the finality requirement from a doctrine meant to identify when review is appropriate into a tool for avoiding review of decisions the agency has already carried out."

How the President’s House legal fight unfolded

Timeline:

The President’s House, located a block north of Independence Square, was developed through a partnership between the city and the National Park Service starting in 2006. The site opened in 2010 as the first federal property to feature a memorial to enslaved people, with interpretive panels and exhibits telling their stories.

In March 2025, President Trump issued an executive order directing the Secretary of the Interior to ensure public monuments "focus on the greatness of the achievements and progress of the American people." The Secretary of the Interior then ordered the Park Service to remove content deemed inconsistent with that directive.

On January 22, 2026, the National Park Service removed all interpretive panels from the President’s House and turned off video exhibits, without notifying the city. Philadelphia sued the same day and initially won a preliminary injunction, but the Third Circuit later reversed that order and directed the lower court to dismiss most of the case.

On Monday, July 13, a federal judge dismissed four out of five claims in the city’s lawsuit, following the Third Circuit’s mandate. The city filed its petition for rehearing on Monday, August 3.

What’s at stake for historic sites and federal policy

Big picture view:

Philadelphia’s legal team argues the case is about more than just the President’s House. They say the court’s decision could make it much harder to challenge federal policy changes at historic sites, not only in Philadelphia but across the region.

The petition states, "If the panel’s holding remains the law of this Circuit, the government will repeat this strategy to preclude APA review at all steps of the policymaking process, from higher-level initial pronouncements to on-the-ground concrete action."

The city also warns that the approach taken by the court "equips agencies to defeat review of completed, consequential actions simply by announcing—even for the first time on appeal, and even through material posted to a website after the challenged conduct—that they may take some further step."

The city’s attorneys said, "Left standing, the decision will shield from the APA not only the dismantling of the President’s House, but agency action across this Circuit."

The President’s House site was developed over more than a decade through joint agreements between the city and the National Park Service, with the city investing millions of public dollars. The site was designed to focus on the lives of enslaved people who lived there while George Washington was president.

The city says the National Park Service removed nearly all interpretive content in a single day, without notice, to implement federal directives. The city’s legal team claims this action undermined years of collaborative work and erased historically significant interpretation.

What we don't know:

It is not yet clear if the Third Circuit will grant Philadelphia’s request for rehearing or if the city will pursue additional legal action. The timeline for any changes to the President’s House panels has not been announced.