Chutkan to hear arguments over Trump's proposed 250-foot arch

If the arch goes up, anyone driving past the empty traffic circle between Arlington National Cemetery and the Lincoln Memorial would see a 250-foot structure rise where there is currently nothing. Whether that happens is now up to U.S. District Judge Tanya Chutkan, who hears arguments Friday in Washington about whether to block the project.

The Justice Department and a group of Vietnam War veterans are the parties in the case. The plaintiffs sued earlier this year and argue the arch was rushed through without proper congressional approval. Court filings from the Justice Department in early October said construction could start as soon as Nov. 5 if the National Capital Planning Commission grants final approval that day.

Plaintiffs pointed to that timeline in filings ahead of Friday's hearing. They wrote that "public interest leans heavily against allowing Defendants to blaze ahead" and asked Chutkan to act before the administration begins work "in the hope that they can render the arch a fait accompli before this Court has made a final determination." The group also says the structure would break the sightline between the Lincoln Memorial and the Robert E. Lee Memorial, a view they describe as meant to convey unity after the Civil War.

Shaun Byrnes, one of the plaintiffs, framed his objection in personal terms. "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," he said in an interview earlier this year. President Trump posted on Truth Social in September that he envisions a "top grade Military Complex" there, equipped with snipers and drones.

The Justice Department called the plaintiffs' motions "breathless" and urged Chutkan to follow recent precedent. Government attorneys argue the case should be dismissed because 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." They also said the first six months of work would be below-ground and foundation work, with no effect on the sightline the plaintiffs describe.

Two sworn declarations support the defense argument. Secretary of Defense Pete Hegseth wrote that the arch "is a generational national defense opportunity," and Secretary of Homeland Security Markwayne Mullin said the structure could help the military and Secret Service counter unmanned drone attacks over the capital. Separately, Arlington County sued in federal court in Virginia, arguing the arch would require changes to flight paths at Reagan National Airport and asking a judge there to order an environmental review.