Chutkan Weighs Injunction as Arch Build Could Start Nov. 5

The Justice Department and a group of Vietnam War veterans are set to argue Friday before U.S. District Judge Tanya Chutkan over whether to halt construction of a proposed 250-foot arch between Arlington National Cemetery and the Lincoln Memorial.

Court filings from the Justice Department indicate construction could begin Nov. 5 if the National Capital Planning Commission issues final approval that day. Plaintiffs cited that timeline in their court papers, arguing "public interest leans heavily against allowing Defendants to blaze ahead" and asking Chutkan to block the project before the administration can render it a fait accompli.

Attorneys for the plaintiffs argue the project was rushed and lacks congressional approval. They also contend the arch would disrupt the sightline between the Lincoln Memorial and the Robert E. Lee Memorial, a view they describe as a deliberately designed symbol of national unity after the Civil War.

Shaun Byrnes, one of the plaintiffs, said earlier this year that his opposition stems from "the duty I feel towards my colleagues and friends who did not come home to stand up against this project, regardless of who's in charge." Byrnes added, "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."

In September, President Trump wrote on Truth Social that he wants the structure to be in part a "top grade Military Complex" equipped with snipers and drones. Secretary of Defense Pete Hegseth said in a sworn declaration that the arch "is a generational national defense opportunity," and Secretary of Homeland Security Markwayne Mullin also submitted a declaration stating the structure would help defend the capital against drone attacks and other threats.

The Justice Department called the plaintiffs' motions "breathless" and urged the judge to follow recent precedent. Government attorneys argue the plaintiffs lack standing, writing that "aesthetic and emotional displeasure at the perceived symbolism of the proposed arch does not establish a concrete and particularized injury under the Supreme Court's controlling decision [in the White House ballroom case]." The department also said the first six months of construction would involve below-ground and foundation work that would not block the plaintiffs' line of sight to the Lincoln and Lee memorials.

Separately, Arlington County sued in federal court in Virginia to block the project, citing concerns about flight paths. The county argued the arch would require changes to the routes planes use at Ronald Reagan International Airport and asked a judge there to order an environmental review. The county also raised concerns about potential interference with flights in and out of the airport.

The arch would sit on a currently empty traffic circle adjacent to Arlington County.