Nine members of the Kennedy family filed a motion in federal court on Tuesday to block President Donald Trump’s proposed 250-foot triumphal arch.
The family joined an ongoing legal battle against the project, arguing in court documents filed in Washington that the towering structure would obstruct sightlines and permanently cast shadows over the gravesites at Arlington National Cemetery, including the JFK Eternal Flame.
A Legal Challenge at Memorial Circle
The proposed monument would rise on Memorial Circle across the Potomac River from the Lincoln Memorial, sitting directly on an axis designed to represent the reunification of the nation after the Civil War. CNN reported that the structure would stand more than double the height of the Lincoln Memorial, making it the equivalent of a 25-story office building.
The Kennedy Center is a living memorial to a fallen president and named for President Kennedy by federal law. It can no sooner be renamed than can someone rename the Lincoln Memorial, no matter what anyone says. https://t.co/VpZhNvx7So
The Kennedy family intervention adds prominent names to a coalition of plaintiffs that already includes the Commonwealth of Virginia, Washington, D.C., Arlington County, and several Vietnam War veterans. The family’s complaint states that the National Park Service and the Interior Department authorized construction without receiving the necessary congressional approval.
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, undermining the safeguards established by our elected representatives to protect this hallowed ground for generations to come.
The Kennedy Family
U.S. District Judge Tanya Chutkan issued a 14-day temporary restraining order halting any construction-related activity just hours after the National Capital Planning Commission voted 8-4 to approve the final site and building plans.
'These are the actions of a petty tyrant who can't get his way' JFK's niece Kerry Kennedy responds to President Trump's mission to put his name on the Kennedy Center and a photo that appears to show the President looking at a poster that says 'Kennedy Center Demolished.' pic.twitter.com/gcte7Qf0oY
Weighing the Arch Against Tradition
“will serve as a gateway to Arlington National Cemetery for veterans, the families of the fallen and all Americans alike, serving as a visual reminder of the noble sacrifices borne by so many American heroes throughout our 250-year history so we can enjoy our freedoms today,” White House spokesman Davis Ingle told The New York Times said the White House defended the project as a commemoration of the nation's 250th anniversary that will honor military veterans and improve traffic flow around the cemetery entrance.
The family members who joined the federal court filing include ex-Democratic Congressman Joe Kennedy, seven surviving children of Robert and Ethel Kennedy—specifically Rory Kennedy, Maxwell Kennedy, Christopher G. Kennedy, Kerry Kennedy, Courtney Kennedy, Kathleen Kennedy Townsend, and Joseph P. Kennedy III—along with Edward Kennedy Jr. The plaintiffs are represented by Norman Eisen and Steve Jonas of the Democracy Defenders Fund, who said that only Congress possesses the constitutional authority to authorize an intrusion of such magnitude.
Legal filings from the Commonwealth of Virginia and the District of Columbia point out that Arlington National Cemetery serves as the final resting place for over 400,000 active-duty service members, veterans, and family members. Planners and local authorities note that the site features the graves of President John F. Kennedy, Robert F. Kennedy, Senator Edward M. Kennedy, Former First Lady Jacqueline Kennedy, and Lieutenant Joseph P. Kennedy Jr. According to analysis cited in the lawsuits and planning reports, the colossal project would obstruct the clear sightline of the Kennedy gravesites and the Eternal Flame from the Arlington Memorial Bridge.
Architects originally planned the Eternal Flame to be large enough to remain visible at night from the Lincoln Memorial end of the Memorial Bridge, a critical design element that opponents argue the arch would destroy.
Detailed shadows studies found that the structure would cast shadows over the eternal flame for up to nine minutes on 18 days each year, besides permanently casting shadows over memorials throughout the area and disturbing the early morning hours when family members traditionally visit.
Arlington County’s five-member legislative board warned that the arch would snarl traffic for tourists and family members visiting the cemetery as well as local commuters. Assessments by the National Park Service indicated that visitor numbers in the area could surge by as much as 1,500 percent upon completion, pushing traffic near the upper limit of roadway capacity in the circle.
“Using the arch to store large stockpiles of ammunition and as a staging point for drones and snipers, so close to commuters and tourists, will dramatically worsen these public-safety harms and the risk of accidents,” the Arlington County lawsuit said, noting that the arch could be utilized to store large ammunition stockpiles or serve as a staging point for drones and snipers in close proximity to tourists and commuters.
President Trump has celebrated the project as one of his grandest contributions to the nation’s capital, while the administration has referred to the initiative as a top-grade military complex and triumphal arch. The planning commission that approved the project includes Trump appointees, agency heads, and Republican members of Congress who hold eight of the twelve seats. Supporters of the project, including National Capital Planning Commission Chair Mark Paoletta, argued that the arch represents a generational security opportunity to protect the capital.
Meanwhile, retired Army veteran Joel Mjolsness, a Bronze Star recipient who served in the Old Guard at Fort Myer, spoke out against the location during public hearings, stating that handing a folded American flag to a grieving family member gives one a deep understanding of the grounds’ solemnity and that an arch of that size shatters the sacred dynamic of the hallowed cemetery.
“We are confident we will be fully vindicated as this litigation proceeds and look forward to seeing the completion of this magnificent Arch — a tribute to 250 years of American greatness,” said Davis Ingle, a White House spokesman, as reported by The New York Times.
Opponents testified during a marathon public hearing that the structure would disrupt the solemn atmosphere of the burial ground where more than 400,000 service members, veterans, and family members rest.
“It is frankly blasphemous,” said Michael Lemmon, who served in the Army before spending a career in the foreign service, during his testimony before the planning commission as noted by ABC News.
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