Judge to Hear Veterans' Bid to Halt Trump's 250-Foot Arch as Construction Looms Nov. 5
Judge Tanya Chutkan weighs a preliminary injunction as the Justice Department argues the veterans can't show harm and Hegseth calls the arch a 'generational national defense opportunity.'
A federal judge in Washington is set to hear arguments on Friday over whether to halt construction of the 250-foot arch President Trump wants to build between Arlington National Cemetery and the Lincoln Memorial, a project that could break ground as soon as next week.
U.S. District Judge Tanya Chutkan will hear from the Justice Department and from a group of Vietnam War veterans who asked for a preliminary injunction. Three Vietnam veterans and a historian sued earlier this year to stop the project. They argue it was rushed and lacks the approval of Congress. They also contend it would disrupt the sightline between the Lincoln Memorial and the Robert E. Lee Memorial, a line meant to symbolize unity after the Civil War.
The arch would stand on a currently empty traffic circle in Arlington County, Virginia. Justice Department filings from earlier this month said construction could begin as soon as Nov. 5, provided the National Capital Planning Commission gives its final approval that same day. The plaintiffs asked Chutkan to move quickly, warning the administration might try to make the arch a "fait accompli" before a final ruling. They said the public interest "leans heavily against" letting the defendants go ahead.
Shaun Byrnes, one of the plaintiffs, said his opposition comes from his duty to colleagues and friends who did not come home from war and are buried at Arlington. He called the project disrespectful to them.
The design has shifted since the lawsuit was filed. In a September post on Truth Social, Trump said he had changed the plans to make the structure partly a "top grade Military Complex," equipped with snipers and drones. A National Park Service rendering of the arch was submitted in a federal filing in June.
The Justice Department has called the plaintiffs' motions "breathless" and urged Chutkan to follow the Supreme Court's recent decision in the White House ballroom case. Government lawyers argue the plaintiffs lack standing, saying their aesthetic and emotional objections do not amount to a concrete, particularized injury. They also say the first six months of construction would involve only below-ground and foundation work, which would not block the veterans' view of the memorials.
The administration filed sworn declarations from Homeland Security Secretary Markwayne Mullin and Defense Secretary Pete Hegseth saying the arch would help the military and the Secret Service defend the capital against drone attacks and other threats. Hegseth described it as "a generational national defense opportunity."
A second legal fight is unfolding across the Potomac. Arlington County filed its own suit in federal court in Virginia to block the project. Critics worry the arch could affect flights at Ronald Reagan Washington National Airport. The Federal Aviation Administration determined the arch would not pose a hazard to aircraft, but the county disagrees, arguing the structure would require changes to flight paths. It has asked a federal judge there to order an environmental review.
Chutkan must decide whether to pause construction while the case proceeds. The disputes before her include whether the veterans have legal standing, whether Congress has approved the project, and whether early construction could make the case moot before it is decided.
