The new challenge joins two existing lawsuits against the arch, adding to a series of legal battles testing the limits of Trump’s authority to remake Washington.
Read More: How National Security Became Central to Trump’s D.C. Construction Projects
“The Commonwealth has a solemn duty and a profound interest in preserving the dignity of this sacred place,” Jones said in a statement to the Washington Post. “We will vigorously litigate to protect its sanctity and honor the legacy of those who made the ultimate sacrifice.”
In Lemmon, three Vietnam War veterans and an architectural historian argue that the arch would “block historically significant reciprocal views between” the Lincoln Memorial and Arlington National Cemetery. The plaintiffs have also argued that the plan requires congressional authorization.
In response to those suits, and defending the urgency of the project, Trump announced last month that he had agreed, at the Defense Department’s request, to incorporate a military complex into the planned arch, including facilities for drones and snipers.
“The arch is a generational national defense opportunity to mitigate these evolving threats,” Hegseth wrote in his declaration.
Interior must also issue its final authorization and publish the required notice. The Administration has told the court that those steps could be completed on Nov. 5, as well, allowing construction to begin that same day.
U.S. District Judge Tanya Chutkan, however, seemed skeptical of the rush.
Chutkan observed that the issue was complex. She said that she would consider the plaintiffs' standing over the weekend and rule expeditiously.
What Could These Lawsuits Mean for Trump's Other Renovation Projects?
The triumphal arch is just one of several projects that Trump has introduced in his second term to remake Washington in his image, including the demolition of the White House East Wing and construction of a White House ballroom, the planned 15-month closure and massive overhaul of the historic East Potomac golf course, and plans to restore and rename the Kennedy Center.
“It’s the same thing,” Stander said.
“The ballroom case differs in significant respects,” she said, pointing to traffic and public safety concerns from plaintiffs in the case.
The arch dispute adds to a broader debate over the Administration’s frequent use of national security to justify its policies.
The golf-course litigation raises a related question about congressional authority: Plaintiffs there have also argued that federal law requires Congress’s express authorization to erect structures on federal public grounds in Washington.
For now, the immediate question is whether a court will intervene before construction can begin as early as the coming week.
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