President Donald Trump's plans for a towering triumphal arch near Arlington National Cemetery have hit a rather substantial roadblock: U.S. District Judge Tanya Chutkan.
And the dispute involves a bridge, a couple of columns that were never built, and a congressional authorization dating back more than a century.
On Thursday, Chutkan granted a temporary restraining order (TRO) halting construction of the proposed 250-foot arch at Memorial Circle, the historic traffic circle connecting Arlington Memorial Bridge to Arlington National Cemetery. The ruling comes in two consolidated lawsuits challenging the administration's authority to build the monument without specific congressional approval.
The first was brought by three Vietnam veterans and an architectural historian. The second, filed October 31, came from the District of Columbia and Virginia, which contend the project would disrupt traffic, strain emergency services, and damage the area's historic character.
The central question: Does existing law give the administration the green light, or does Congress need to weigh in?
The administration insists it already has the authority. Among other things, it points to a 1925 law authorizing construction of Arlington Memorial Bridge. That legislation incorporated plans contemplating two 166-foot columns at what is now Memorial Circle. The columns were eventually dropped from the project, but the administration argues the original authorization remains sufficient to support the new arch.
Judge Chutkan, on the other hand, is dubious at best.
For starters, the proposed arch would stand 250 feet tall — considerably higher than the abandoned columns — and obstruct a historic view the original plans specifically sought to preserve.
There's also the small matter of the 1925 legislation authorizing construction of a bridge, not a massive monument celebrating America's 250th birthday. (Bridge-arch, potayto-potahto...)
Also, Congress subsequently enacted the Commemorative Works Act, which generally requires specific congressional authorization for monuments on federally administered land in the nation's capital and surrounding areas.
Chutkan found the proposed arch likely falls squarely within that law.
The administration also argued the structure could serve as a tourist attraction, decorative gateway, and national security facility. Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin both submitted declarations describing potential security functions.
But Chutkan noted that those justifications surfaced only recently, rather than appearing in the project's extensive planning documents. And she also questioned why a brief delay would compromise national security when construction itself is expected to take two to three years.
The judge found that D.C. and Virginia had demonstrated likely success on their statutory claim and would suffer irreparable harm if construction proceeded.
As is often the case, it's important to note that this is a temporary restraining order, not a final ruling that the arch can never be built. Chutkan also held off on deciding whether to suspend the Interior Department's approval under the Administrative Procedure Act.
The administration can continue defending its statutory authority, and appellate review remains possible — likely, even.
For the moment, though, the proposed triumphal arch is on hold. And the administration may have to do something considerably less grand than erect a 250-foot monument: Convince a soon-to-be-Democrat-controlled Congress to authorize it.
Editor's Note: Unelected federal judges are obstructing President Trump's agenda and ignoring the will of the people.
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