Judge halts Trump arch construction after 8-4 commission vote

District Court Judge Tanya Chutkan issued an order Friday just before midnight blocking the government from constructing a 250 foot arch in Washington, D.C., for 14 days. The ruling came less than two hours after the National Capital Planning Commission granted final approval to the project in an 8 to 4 vote. The arch is scheduled to stand in Memorial Circle, a traffic island on the bridge that links the Lincoln Memorial to Arlington National Cemetery.

The administration had told the court it could begin excavation immediately following the commission's decision. Chutkan granted a request filed by the governments of D.C. and Virginia, finding that the local entities are likely to suffer harm from the construction. In a 33 page opinion, the judge scrutinized the administration's shifting justifications for the project, including a recent emphasis on national security. She noted that traffic disruptions would occur as soon as work began.

Commissioners heard nearly eight hours of public testimony on Thursday before casting their votes. The meeting was held virtually because 131 people signed up to speak. A technical failure crashed the livestream early in the session, adding about an hour to the meeting. Speakers included veterans, lawmakers, and residents who argued the structure would block views and complicate airspace. Trump appointed Vice Chair Stuart Levenbach expressed concern that delaying the vote would frustrate the project proponent's desire to start building quickly.

D.C. Council Chair Phil Mendelson introduced a motion to postpone the vote until early December to allow for final site plans to be submitted. The motion failed by a vote of 4 to 8. Commission members who supported the arch argued that Congress had effectively authorized the project in 1925 when it approved a pair of 166 foot columns for the same location. Those columns were never built. Interior Department official Greg Wischer stated that specific national security functions for the arch had been filed under seal in court, even though the National Park Service had not reviewed any national defense preparations.

Several Democratic lawmakers and preservation groups have vowed to challenge the project in Congress and the courts. Rep. Don Beyer of Virginia introduced a bill to prohibit and defund the arch. He expects the number of co-sponsors to grow from 80 to at least 200 in the new year. Brent Leggs, president of the National Trust for Historic Preservation, called the commission's vote a sham that undermines the democratic process. Jimi Shaughnessy of the National Parks Conservation Association said the organization would bring the issue to members of Congress to ensure the arch is never built.

The Trump administration had previously cited the desire to commence building very quickly. Chutkan's order requires the government to notify the court of any construction activity during the 14 day stay. The judge consolidated two separate lawsuits filed earlier this year by a group of Vietnam War veterans and the governments of D.C. and Virginia. The administration had not sought specific Congressional approval for the arch prior to the commission vote.