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Kennedy Family Sues to Stop Trump's 250-Foot Arch, Saying It Would Shadow JFK's Grave

Nine relatives of John F. Kennedy joined the federal case against the Arlington Memorial Circle monument, while a judge's two-week construction freeze remains in place.

Kennedy Family Sues to Stop Trump's 250-Foot Arch, Saying It Would Shadow JFK's Grave
Image via NPR

One of America's most prominent political families has joined the legal fight against President Trump's proposed arch in Washington, arguing the 250-foot structure would loom over the graves of their relatives at Arlington National Cemetery.

Nine members of the Kennedy family filed their motion in federal court on Tuesday, hours before Veterans Day. They say the arch would obstruct the gravesites of their relatives, including the Eternal Flame at President John F. Kennedy's grave. "A towering arch casting shadows across the graves of our father, mother, and uncles, as well as the graves of so many who have served our country, would also cast a shadow over our democratic principles," Rory Kennedy and Maxwell Kennedy said in a statement on behalf of the family.

The plaintiffs include children of Sen. Robert F. Kennedy and Ethel Kennedy and a son of Sen. Edward M. Kennedy. All three are buried at Arlington. One name is missing: Health and Human Services Secretary Robert F. Kennedy Jr. did not join his siblings in suing his own administration.

The White House defended the project. "It is unfortunate to see that some members of the Kennedy family have joined the litigation against the Arch as the project is intended to honor our heroes who rest in Arlington Cemetery," spokesperson Davis Ingle told NPR, adding that the administration is confident it will be vindicated.

The Kennedys are seeking to join an existing federal lawsuit that combines two cases, one brought by Vietnam War veterans and an architectural historian earlier this year, and another filed by the governments of the District of Columbia and Virginia late last month. The Arlington County Board has filed a separate suit in Virginia.

The administration pushed the arch through federal approvals over the past year, ending with a final green light from the National Capital Planning Commission last Thursday. Officials had said they could break ground at Memorial Circle that same day. Within moments of the late-night approval, U.S. District Judge Tanya Chutkan ordered construction blocked for two weeks while she weighs the broader challenges.

A central argument against the arch is that building it without congressional approval is unlawful. The administration says a century-old authorization for two never-built columns at the same spot covers the project. Chutkan was unconvinced, writing last week that "merely to state this argument is to reveal its flaws." The government has also argued the case should be thrown out because the plaintiffs lack standing, the reasoning the Supreme Court used in the White House ballroom case. Chutkan has said D.C. and Virginia likely do have standing because of the financial and logistical harm they would suffer.

The Kennedys' 27-page filing says the arch would be a "permanent denigration" of the gravesites. It cites a Washington Post forensic analysis showing the structure would cast shadows over tens of thousands of graves, darken JFK's memorial on 50 days a year, and briefly block the Eternal Flame on almost half of those days. The family also says Kennedy chose Arlington so his grave would be open to the public, and that relatives were assured the design would protect views of the flame.

Georgetown law professor David Super told NPR the family's involvement only strengthens the plaintiffs' case on standing, and said it could make the president look insensitive toward a revered predecessor.

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