Judge Chutkan to Rule on Proposed 250-Foot Arch Near Arlington
Vietnam War veterans ask a federal judge to stop construction before the Nov. 5 start date, while the Justice Department argues the project serves a national defense purpose.
By Salma Farouk ·
U.S. District Judge Tanya Chutkan will hear arguments on Friday in Washington, D.C., regarding a preliminary injunction to halt the construction of a 250-foot arch proposed by President Trump. The structure is planned for the space between Arlington National Cemetery and the Lincoln Memorial. A group of Vietnam War veterans filed the lawsuit earlier this year to stop the work.
The plaintiffs argue the project was rushed and lacks proper congressional approval. Court filings from the Justice Department indicate that construction could begin as soon as Nov. 5 if the National Capital Planning Commission grants final approval on that date. The veterans asked Chutkan to block the project quickly to prevent the administration from creating a fait accompli before the court issues a final determination.
The legal dispute centers on the arch’s impact on the symbolic connection between the Lincoln Memorial and the Robert E. Lee Memorial. The plaintiffs say the new structure would disrupt a sightline intended to convey unity after the Civil War. Shaun Byrnes, one of the plaintiffs, said earlier this year that his opposition is a duty to colleagues who did not return from the war.
Byrnes stated, “I think it’s just disrespectful to those that I served with who didn’t come back, and then, of course, to all those who are lying in Arlington National Cemetery.” The group also pointed to the looming timeline in their court papers, noting that the public interest leans heavily against allowing defendants to blaze ahead.
The Justice Department countered that the plaintiffs lack legal standing. Government attorneys called the plaintiffs' motions “breathless” and urged Chutkan to follow recent precedent. The department argued that aesthetic and emotional displeasure does not establish a concrete injury under Supreme Court precedent from the White House ballroom case.
Administration officials submitted sworn declarations to support the project. Secretary of Defense Pete Hegseth described the arch as a generational national defense opportunity to stop future threats. Secretary of Homeland Security Markwayne Mullin also signed a declaration stating that the military and Secret Service could use the structure to defend the capital against drone attacks.
The Justice Department said the first six months of construction would focus on below-ground and foundation work. This initial phase would not interfere with the plaintiffs' claim of irreparable harm related to the sightline. The administration also noted that the arch would serve as a top-grade military complex equipped with snipers and drones.
Arlington County, which is adjacent to the proposed site on a currently empty traffic circle, sued in federal court in Virginia to block the project. The county argued that the arch would require changes to flight paths for planes traveling in and out of Ronald Reagan International Airport. The administration stated the arch would not pose a hazard to flights, but the county asked for a federal judge to order an environmental review.
