Veterans Are Suing to Stop the 250-Foot Triumphal Arch Near Arlington National Cemetery
Veterans, Gold Star families, and Democratic lawmakers are actively opposing President Trump’s planned 250-foot triumphal arch at Memorial Circle, adjacent to Arlington National Cemetery . A group of Vietnam War veterans has filed a federal lawsuit arguing the project violates the Commemorative Works Act because it lacks congressional approval . Opponents say the structure would obstruct historic views, disrupt military burials during construction, and disrespect the more than 400,000 service members buried at Arlington .
Quick Facts
| Item | Details |
|---|---|
| Proposed Structure | 250-foot “Independence Arch” |
| Location | Memorial Circle, near Arlington National Cemetery |
| Height | 86 feet taller than Paris’s Arc de Triomphe |
| Legal Challenge | Federal lawsuit filed by Vietnam War veterans |
| Key Opposition Groups | VoteVets, Home of the Brave, Cultural Landscape Foundation |
| Next Milestone | National Capital Planning Commission vote expected Oct. 1, 2026 |
| Current Status | Site excavation could begin as early as September 2026 |
Why Veterans Oppose the Arlington Arch
Veteran opposition to the arch is grounded in legal, historical, and deeply personal concerns. The objections are not political in origin—they come from veterans who served their country and now believe this project dishonors those who made the ultimate sacrifice.
Legal Violations: No Congressional Approval
The central legal argument against the arch is that it violates the Commemorative Works Act (CWA) of 1986 .
What the Commemorative Works Act requires: Under the CWA, Congress must authorize any new commemorative work (statue, monument, memorial, or other structure) in areas administered by the National Park Service in the District of Columbia and its environs . The definition covers virtually any permanent structure designed to memorialize an individual, group, or event in American history .
Why opponents say the arch violates the CWA: Congress has not passed legislation authorizing this arch . The Trump administration has argued that a 1925 law authorizing two 166-foot columns for the Arlington Memorial Bridge area grants authority for this project . Opponents call this interpretation legally unsound, noting those columns were never built and the bridge was completed nearly a century ago .
Why this matters: If the administration prevails, it could establish a precedent allowing future presidents to bypass Congress and build monuments at will on federal land in Washington, D.C. .
“The starting point for a monument like this is an act of Congress saying, ‘Hey, we need to build a monument, and here’s what it should be, and here’s where it should be situated, and here’s what we want it to represent and the interests we want it to serve, with that democratic mandate.'” — Nicolas Sansone, lead attorney for the veteran plaintiffs
Disrespect to Those Buried at Arlington
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Check EligibilityFor many veterans and Gold Star families, the arch represents a fundamental disrespect to the fallen.
The observation deck: The arch is planned to include an observation deck for tourists to view the city—and look out over Arlington National Cemetery . Karen Meredith, a Gold Star mother whose son is buried at Arlington, said in a VoteVets campaign video: “We don’t need tourists overlooking funerals. I’m just appalled” .
Construction disruptions: The administration plans to build the arch over several years with work occurring in two 10-hour shifts per day—20 hours per day, year-round . This schedule could conflict with ongoing military burials at the cemetery.
Scale and setting: The 250-foot arch would be the equivalent of a 25-story skyscraper, more than double the height of the Lincoln Memorial . Its proposed golden statues would tower over the surrounding sacred landscape . Retired Army Maj. Gen. Paul Eaton called the proposal “entirely inappropriate and borders on sacrilege to the men and women buried [there]” .
Obstructing the Historic Lincoln-Arlington View
The arch would be built at Memorial Circle, a traffic roundabout located between the Lincoln Memorial and Arlington House . This location is not incidental—it is part of a carefully designed ceremonial landscape intended to physically and symbolically unite North and South .
The National Park Service has identified 37 historic properties that would be adversely affected by the arch’s construction . The assessment found the arch would interfere with the key visual connection between the Lincoln Memorial and Arlington House .
Who Is Leading the Opposition
| Group | Role |
|---|---|
| Vietnam War Veterans (Shaun Byrnes, Jon Gundersen, Michael Lemmon) | Plaintiffs in federal lawsuit |
| VoteVets | Launched video campaign mobilizing veterans |
| Home of the Brave | Political advocacy group supporting opposition efforts |
| Cultural Landscape Foundation | Advocacy group currently suing administration over other projects |
| Rep. Chellie Pingree (D-ME) | Urged House Speaker to sue to halt construction |
| Sen. Jack Reed (D-RI) | West Point graduate and former Army officer opposing the arch |
Legal Status and Current Developments
The Lawsuit
Three Vietnam War veterans—Shaun Byrnes, Jon Gundersen, and Michael Lemmon—along with architectural historian Calder Loth, filed a federal lawsuit in February 2026 . They are represented by Public Citizen, a progressive consumer advocacy nonprofit .
Court Orders
14-day notice requirement: The administration agreed to provide 14 days’ notice before beginning actual construction .
48-hour notice for site work: U.S. District Judge Tanya Chutkan ordered the administration to provide 48 hours’ notice before carrying out any work at the site. She permitted archaeological work required under the National Historic Preservation Act but warned that any construction or demolition activity before final approval would violate court orders .
Current planned work: The government has indicated it plans to excavate four test pits at the site starting September 21, 2026, to check for artifacts and cultural materials. The area would be restored by October 31, 2026 .
Pending Approvals
The arch still requires final approval from the National Capital Planning Commission, a 12-member federal panel . The Commission for Fine Arts, packed with Trump appointees, has already given final design approval . The National Capital Planning Commission is scheduled to vote on final approval on October 1, 2026 .
Funding Controversy
The total construction cost has not been disclosed . The Trump administration has indicated it plans to divert $15 million from the National Endowment for the Humanities to fund the project—money that would otherwise support museums, historic sites, colleges, and K-12 classrooms . The administration had previously promised the arch would be funded exclusively with private donations .
What Veterans and Supporters Can Do
Submit public comments: The National Capital Planning Commission is accepting public statements on the arch project ahead of its October 1 vote .
Contact elected officials: Reach out to your representatives in Congress to express opposition to the arch and support legislation to halt it .
Stay informed: The legal situation is developing. Follow updates from the plaintiffs’ attorneys and opposition groups for the latest information.
Common Questions
Why are veterans against the Arlington arch?
Veterans oppose the arch for multiple reasons: it violates federal law by lacking congressional approval; it would disrupt military burials during construction; its observation deck would allow tourists to overlook funerals; and it would block historic views between the Lincoln Memorial and Arlington National Cemetery .
What is the current legal status of the arch project?
A federal lawsuit filed by Vietnam War veterans is pending. A judge has ordered the administration to provide 14 days’ notice before beginning construction and 48 hours’ notice before any site work. The arch still requires final approval from the National Capital Planning Commission, scheduled to vote on October 1, 2026 .
Is the arch being built with taxpayer money?
Yes, partially. While the administration initially promised private funding, the National Endowment for the Humanities’ 2026 spending plan includes $15 million—$2 million in direct funds and $13 million in matching funds—for the arch project . The total construction cost remains undisclosed .
How tall would the arch be?
250 feet—approximately 86 feet taller than Paris’s Arc de Triomphe (164 feet) and more than double the height of the Lincoln Memorial (99 feet) .
Has Congress approved this project?
No. Congress has not passed any legislation authorizing this arch. The administration argues a 1925 law regarding Arlington Memorial Bridge grants authority, but opponents dispute this interpretation .
What would the arch look like?
The design, by Harrison Design, shows a neoclassical white stone structure with a 60-foot golden winged statue at the top. Inscriptions reading “One Nation Under God” and “Liberty and Justice for All” would appear on both sides .
Who said the arch is about Trump?
When CBS News’ Ed O’Keefe asked President Trump who the arch is for, he pointed at himself and replied: “Me.” He has also described it on Truth Social as “the GREATEST and MOST BEAUTIFUL Triumphal Arch anywhere in the World” .
What is VoteVets doing?
VoteVets launched a 2.5-minute video campaign featuring retired Army Maj. Gen. Paul Eaton and Gold Star mother Karen Meredith, calling the arch “borders on sacrilege.” The group is working to mobilize more veterans against the project .
Could the arch be built elsewhere?
The Trump administration has not seriously considered alternative locations. Preservationists and veterans groups say a different location would be far less controversial. The National Park Service has identified 37 historic properties that would be adversely affected by the current site .
What happens next?
The National Capital Planning Commission will vote on final approval on October 1, 2026. Meanwhile, the legal challenge continues, and site excavation could begin as early as September 2026 if court orders allow .
Key Takeaways
Veterans, Gold Star families, and lawmakers are actively opposing the 250-foot triumphal arch planned for Memorial Circle near Arlington National Cemetery .
The project has not received congressional approval, violating the Commemorative Works Act of 1986. The administration relies on a disputed 1925 law for legal authority .
A federal lawsuit filed by three Vietnam War veterans is pending. The administration must provide 14 days’ notice before construction and 48 hours’ notice before any site work .
Construction would disrupt military burials, with plans for 20 hours of daily work over several years near active cemetery operations .
An observation deck would allow tourists to overlook funerals, which opponents call deeply disrespectful .
The National Park Service identified 37 historic properties that would be adversely affected by the arch, including the symbolic view between the Lincoln Memorial and Arlington House .
The final approval vote is scheduled for October 1, 2026, by the National Capital Planning Commission .
$15 million in public funds from the National Endowment for the Humanities has been allocated for the project, contrary to promises of private funding .
President Trump has acknowledged the arch is for himself, pointing to himself when asked who it honors .
Veterans and supporters can submit public comments to the National Capital Planning Commission and contact their elected officials to oppose the project .
Official Resources
U.S. District Court for the District of Columbia: www.dcd.uscourts.gov — Case filings related to the arch lawsuit
National Capital Planning Commission: www.ncpc.gov — Information on the October 1, 2026 vote
U.S. Commission of Fine Arts: www.cfa.gov — Design approval documents
National Park Service: www.nps.gov — Section 106 review documents and historic property assessments
Senator Jack Reed’s Office: www.reed.senate.gov — Full text of opposition letter
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