Philly slavery exhibit: David McCormick joins fight to restore President’s House Site

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A federal appeals court heard arguments Tuesday, June 2, in the closely watched dispute over the future of the slavery exhibit at Philadelphia’s President’s House Site on Independence Mall. It is the latest development in a legal battle that has drawn national attention and raised broader questions about how American history is presented on public land.

The case stems from the Trump administration’s effort to remove exhibits on national parks that “disparage” Americans, such as President George Washington. The city of Philadelphia sued after the National Park Service removed exhibit panels depicting the lives of people Washington enslaved while he lived in Philadelphia as president.

A federal judge ruled in the city’s favor and issued an injunction requiring the park service to restore the site, but the administration appealed, arguing that the lower court judge overstepped her authority.

“That mandatory injunction gives a municipality veto power over what the national federal government says on its own property,” the administration’s lawyer, Gregory in den Berken, told the three-judge panel in court on Tuesday afternoon.

The cooperation ends

The city’s case hinges on a number of legal issues, including whether or not the cooperative agreement between Philadelphia and the National Park Service requires the federal government to obtain the city’s approval before making changes to the site, what law ultimately dictates the enforcement of the agreement and whether or not the government has responsibilities under the Underground Railroad Act.

The federal and city governments have been using cooperative agreements since the development of Independence National Historical Park in 1948. They signed an agreement in 2006, in which the city agreed to develop the exhibit, after which the federal government would then maintain it.

In den Berken told the appeals court that, although the city spent millions of dollars developing the exhibit, the city donated the exhibit to the National Park Service, per the 2006 agreement.

City attorney Anne Taylor argued that the city had a legal “residual interest” in the site.

“The record reflects that all of the work that the city did and the public taxpayer dollars that the city spent was to create … a permanent outdoor installation,” Taylor said. “So that is what the President’s House is. That is what the city built, worked collaboratively to design and donated it.”

The Underground Railroad without slaves

The National Underground Railroad Network to Freedom Act mandates the park service to identify, preserve and promote sites connected to the historic Underground Railroad. The park service officially designated the President’s House site as a National Underground Railroad Network to Freedom site in 2022, a tribute to Oney Judge, who successfully escaped from Washington’s enslavement.

Judge Thomas Hardiman asked in den Berken whether or not the federal government was violating its responsibilities under that law.

“If you’re going to have a site designated as an Underground Railroad site, how could it possibly comply with federal law if it had no mention of slavery?” Hardiman asked the administration.

In den Berken responded that there are few requirements under that act.

“After such designation, there is no particular provision in the statute that says, ‘And this must be displayed at the site and this must remain there,’” he said.

In den Berken also told the court that the changes at the site did not erase history and that the government’s plan was merely to “emphasize or discuss the life of President George Washington and John Adams during their time at the President’s House without discussing slavery.”

“There was no assertion or statement by the federal government that these facts were false, never happened, anything like that,” in den Berken said. “It was a curatorial decision.”

However, Taylor responded that the location of the site made telling the story of those Washington had enslaved at the site that much more consequential.

“The President’s House is at the doorway to the Liberty Bell,” she said. “That history is not being told to all the people who are expected to come here.”

Republicans join the fight

The fight for the exhibit has become a bipartisan effort with U.S. Sen. David McCormick, R-Pa., joining the call for the site’s restoration. During a conference call with the Avenging the Ancestors Coalition, regional director Nate Gerace said the senator was closely watching how the story unfolds.

“Our history is our history and what makes America exceptional is our willingness to confront our history honestly, and learn from both the triumphs and the failures and keep working toward a more perfect union,” Gerace said. “We’ve taken a consistent position on similar issues, such as efforts to rename military bases like Fort Bragg or remove statues like those of William Penn and Christopher Columbus.”

Famed local attorney George Bochetto, who ran for the U.S. Senate in 2022 as a Republican, was also on the call. Bochetto came to prominence after successfully defending the Columbus statue at Marconi Plaza after the city tried to take it down in 2021.

“Some of us Republicans have faced the struggle and have faced the difficulties and we understand what it is to struggle and to fight,” Bochetto told the people on the call, adding he was “happy to be aligned” with Michael Coard, a co-founder of the coalition. “I don’t always agree with him, but I always agree that he does a magnificent job for the cause.”

Founding Father found with those enslaved

During a 2000 archaeological dig at the site of Washington’s home, human remains were discovered, including evidence of people enslaved by the former founding father. This prompted the creation of the Avenging the Ancestors Coalition to advocate for the site to include a prominent exhibit about those individuals.

The exhibit opened in 2010, highlighting their stories, including that of Judge, who escaped from the President’s House in 1796, and successfully resisted efforts to return her to bondage. For years, it has been known for presenting a more complete account of the nation’s founding by acknowledging the contradiction between the ideals of liberty and the reality of slavery.

The fight over the site began last March, when President Donald Trump signed an executive order directing the Department of the Interior to identify and remove national parks exhibits that “disparage” America or its founders. It was later revealed that the President’s House Site was among the exhibits targeted, prompting protests.

In January, the National Park Service abruptly removed the exhibit’s panels, prompting protests, condemnation from elected officials and historians, as well as a lawsuit filed by the city of Philadelphia seeking the exhibit’s restoration.

During a hearing in the U.S. District Court, federal lawyers argued that the Trump administration had absolute authority over the exhibit, an argument the judge found “horrifying.” The judge also toured the site and inspected the panels to ensure they had not been damaged. Days later, she found in favor of the city and activists and ordered the exhibit be restored.

Only about half of the panels had been placed back at the site when the administration filed an appeal to the 3rd Circuit Court of Appeals, which is now hearing the case. That court ordered the exhibit to be left as is during the appeals process, leaving it half-finished.

It is not clear when the appeals court will issue a decision.