Congressional Democrats have joined a legal challenge to President Donald Trump’s planned 250-foot triumphal arch, arguing in U.S. District Court that the project must receive congressional approval before moving forward.
The top Democrats on committees overseeing federal lands and natural resources filed an amicus brief Friday, citing the Commemorative Works Act, a 40-year-old federal law that governs the design and placement of memorials in Washington. Under the law, certain parts of the city — including Memorial Circle, a traffic roundabout near Arlington National Cemetery, which Trump is eyeing for his planned arch — are considered protected land, and monuments built there would require congressional authorization. The circle sits narrowly inside the boundaries of Washington.
“Washington D.C. is not the President’s backyard to renovate, relandscape, and build in as he sees fit,” Sens. Martin Heinrich (New Mexico), Angus King (Maine) and Jeff Merkley (Oregon) and Reps. Jared Huffman (California), Yassamin Ansari (Arizona) and Maxine Dexter (Oregon) wrote in their brief. King is an independent who caucuses with the Democrats.
King also requested a review from the Congressional Research Service, the nonpartisan think tank that serves lawmakers, which independently concluded that an arch built in Memorial Circle would require congressional authorization. King’s office shared the review with The Washington Post.
“This is a straightforward issue of who’s in charge,” King said in an interview Friday. “The law is clear that any structure in this zone — of which Memorial Circle is certainly part — has to have the express approval of Congress.”
Huffman said the president’s plans raise “moral and political” questions, including whether the arch is a “vanity project” rather than a necessary monument.
“This is not Pyongyang,” Huffman said, invoking the capital of North Korea. “Most Americans want to be able to appreciate the view of Arlington Cemetery without a massive eyesore.”
The White House criticized Democrats’ legal challenge, saying that the party is “opposed to anything that celebrates the greatness of our Country” and mocking them as “America Last losers.”
“The Triumphal Arch in Memorial Circle is going to be one of the most iconic landmarks not only in Washington, D.C., but throughout the world,” spokesman Davis Ingle said in a statement. “It will enhance the visitor experience at 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.”
The White House did not respond to questions about whether officials would seek congressional approval of their planned arch.
Military veterans and a historic preservationist sued the Trump administration last month, arguing that Trump’s planned arch would obstruct key views when visiting Arlington National Cemetery and interfere with the intent of nearby monuments. Public Citizen, a government watchdog organization, is seeking to halt the project until the administration secures approval from Congress and federal review panels.
The White House has yet to formally propose its arch or seek those approvals, but Trump has repeatedly said that construction will soon begin. He has also tied the arch to the nation’s 250th anniversary, with Freedom 250 — a Trump-aligned group helping plan commemorative activities this year — helping guide the project’s development.
“We’re doing one that will be more magnificent and larger than the Arc de Triomphe in Paris,” the president said in an interview last month with NBC News, invoking the famous 164-foot-tall arch in France. Trump said that his planned arch would be “about” 250 feet high.
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