A federal judge froze work on President Trump’s 250-foot arch near Arlington National Cemetery for at least two weeks, about an hour after his appointees on a planning commission gave it final approval.
Story Highlights
- Late Thursday, November 5, U.S. District Judge Tanya Chutkan halted construction for at least 14 days.
- The National Capital Planning Commission, led by Trump appointees, had approved the arch 8-4 after nearly eight hours of public testimony.
- Veterans, Washington, D.C., and Virginia are suing, saying Congress never authorized the arch.
- The White House says it is confident it will be “fully vindicated” and still plans to finish the arch.
Approval, Then A Stop Order Within The Hour
The judge acted to give the court time to weigh the lawsuits before any digging starts. She granted a request from the governments of Washington, D.C., and Virginia, finding they were likely to be harmed by traffic jams and other disruptions the project would cause. Her order is a temporary restraining order, a short-term freeze that keeps things as they are while a case is heard. The administration must also give the court at least 30 minutes’ notice before any work begins.
The arch would rise 250 feet at Memorial Circle, a traffic circle on Columbia Island across the Potomac River from the Lincoln Memorial. That is more than twice the height of the 99-foot Lincoln Memorial and taller than the Arc de Triomphe in Paris. The planning commission, which reviews federal building projects in the capital region, voted 8-4 for final approval after a long night of testimony from veterans, lawmakers and residents.
Why The Veterans And The States Say It Is Illegal
The first lawsuit came from three Vietnam War veterans and a retired architectural historian. They argue the arch is unlawful because Congress has not approved it, and the administration has not asked Congress to. D.C. and Virginia filed a similar suit days before the vote. Their case points to the Commemorative Works Act, a 1986 law that requires Congress to authorize memorials on federal land in Washington and the area around it.
Michael Lemmon, an Army veteran who later served in the foreign service, leads the veterans’ lawsuit. He told the commission the arch would “profoundly disturb the peace and tranquility” of Arlington National Cemetery, and he called it “frankly blasphemous.” The judge did not rule on the veterans’ claims in her order. Administration lawyers had argued the veterans could not show they would be harmed.
The Administration’s Case, And The Judge’s Doubts
Mark Paoletta, the commission’s chairman, argued that Congress authorized the project more than 100 years ago when it approved the original plan for Memorial Bridge. He also called the arch a “generational security opportunity,” pointing to plans to house drones, snipers and ammunition inside it.
Judge Chutkan was not persuaded. She called the national security argument “belated and unsupported” and said it should not be a “talismanic” reason, a kind of magic word, for pushing through a disputed project. She also said it was unlikely that a century-old law gives officials the power to build the arch. In court, she asked a Justice Department lawyer, “What is the harm of waiting?” The White House criticized her ruling and said it expects to be “fully vindicated.”
What Happens Next
The freeze lasts at least 14 days while Chutkan weighs the two lawsuits, and she can extend it or replace it with a longer order. She has ordered the administration to keep the court informed about the project and any construction plans. If work is cleared, planning papers released earlier this year show the Park Service plans to build 20 hours a day for two to three years.
For supporters, the arch is a grand gateway to the capital that the commission approved after a full public hearing. For the veterans suing, it is a looming structure next to the graves of their fallen friends. The judge’s next ruling will decide whether the shovels move.
Sources:
abc7ny.com, theindianalawyer.com, kutv.com, kjzz.org, pbs.org, oag.state.va.us
