Four plaintiffs filed a lawsuit Wednesday in the US District Court for the District of Columbia seeking to block President Donald Trump’s planned 250-foot “Independence Arch” at Memorial Circle near Arlington National Cemetery.
The plaintiffs, Vietnam War veterans Michael Lemmon, Shaun Byrnes, and Jon Gundersen, and retired architectural historian Calder Loth, are represented by the Public Citizen Litigation Group. They have named as defendants Trump, Domestic Policy Council Director Vince Haley, the Executive Office of the President, and the National Park Service.
According to the complaint, Trump announced plans in October to construct a monumental arch on Memorial Circle to coincide with the US’ 250th anniversary on July 4, 2026. The proposed structure could reach 250 feet in height, which is more than double the 99-foot height of the Lincoln Memorial, and may include a 60-foot statue atop a pedestal. Memorial Circle connects Arlington Memorial Bridge to Memorial Avenue and sits along a visual axis between the Lincoln Memorial and Arlington House at Arlington National Cemetery. The plaintiffs allege that the unobstructed sightline between Arlington House and the Lincoln Memorial was intentionally designed to symbolize national unity after the Civil War. They contend that the planned arch would block that reciprocal view and disrupt the historic relationship among the surrounding memorials.
The complaint asserts that federal law requires congressional authorization before new commemorative structures may be built on federal land in the District of Columbia. The plaintiffs cite the Commemorative Works Act, which establishes a multi-step approval process for monuments, and prohibits construction of structures on federal public grounds without express authority from Congress. The filing states that Congress has not authorized the Independence Arch.
The suit further alleges that procedural requirements under the National Environmental Policy Act and the National Historic Preservation Act have not been satisfied. Plaintiffs argue that proceeding without congressional approval and compliance with statutory requirements would exceed executive authority and violate the Constitution’s Take Care Clause.
In addition, one of the plaintiffs, Lemmon, also cited personal motivations behind the lawsuit. “I deeply feel a duty to my fellow veterans buried at Arlington National Cemetery to honor their sacrifice and to protect their memory from being overshadowed by this vainglorious monumental arch,” Lemmon said.
The plaintiffs seek declaratory and injunctive relief prohibiting construction of the arch unless and until all statutory prerequisites are met.
