Nine members of the Kennedy family have asked a federal judge in Washington to let them join the lawsuits against President Donald Trump's planned 250-foot arch at Memorial Circle, next to Arlington National Cemetery. They say it would cast a shadow over the Kennedy graves and block the view of the JFK Eternal Flame from Arlington Memorial Bridge. The motion was filed on Tuesday, November 10, 2026. Construction is already on hold: Judge Tanya Chutkan blocked any work for 14 days on November 5, about an hour after a federal planning panel gave the arch its final approval.[1][2][3]
 | |
| Court | US District Court for the District of Columbia |
|---|---|
| Judge | Tanya Chutkan |
| Project | Arch at Memorial Circle, between Arlington National Cemetery and the Lincoln Memorial |
| Planned height | 250 feet (about 76 metres) |
| Plaintiffs | Vietnam veterans led by Michael Lemmon; District of Columbia; Virginia |
| Asking to join | 9 Kennedy family members (motion filed Nov 10, 2026) |
| Planning approval | National Capital Planning Commission, 8-4, Nov 5, 2026 |
| Court order | 14-day temporary restraining order, Nov 5, 2026 |
| Status | No construction allowed while the order stands |
What the Kennedy family is asking for
The family did not file a brand new lawsuit. It filed a motion to intervene, which asks the court to add the relatives as plaintiffs in the two cases that are already before Judge Chutkan, along with a complaint of their own. Their lawyers say the family has a "direct, immediate stake" in the outcome and claims that overlap with the existing cases.[1][2]
The core of their argument is about the graves. President John F. Kennedy, Senator Robert F. Kennedy and Senator Edward M. Kennedy are all buried at Arlington, close to the Eternal Flame. The family says a 250-foot structure at Memorial Circle would block the line of sight from Arlington Memorial Bridge to the Kennedy gravesites and the flame, which it calls "an essential element" of how the site was designed, and would put a permanent shadow over the graves of service members nearby.[1][3]
They also argue the arch would cut the deliberate view that links the Lincoln Memorial with Arlington House across the river, a line laid out about a century ago to stand for the country coming back together after the Civil War.[2][3]
Which Kennedys signed on
According to the filing as reported by Courthouse News, the nine are Rory Kennedy, Maxwell Taylor Kennedy, Christopher G. Kennedy, Kerry Kennedy, Courtney Kennedy, Kathleen Kennedy Townsend, Joseph P. Kennedy II, Joseph P. Kennedy III and Edward M. Kennedy Jr.[3] NBC News and the Associated Press describe the same group as children and grandchildren of Robert F. Kennedy and Edward M. Kennedy, including seven of Robert F. Kennedy's children.[1][2]
Health Secretary Robert F. Kennedy Jr., who serves in the Trump administration, is not part of the request.[1][2] The family is represented by Norm Eisen and the Democracy Defenders Fund.[2][3]
Speaking for the family, Rory Kennedy and Maxwell Kennedy said the case was about "protecting sacred spaces" and that a towering arch casting shadows over the graves of their parents and uncles "would also cast a shadow over our democratic principles".[1][2]
Who else is suing
The first case came from Michael Lemmon, a Vietnam War veteran and former US ambassador, together with two other Vietnam veterans and an architectural historian. Their complaint was filed in February 2026.[1][5] Lemmon told the planning commission the arch would "profoundly disturb the peace and tranquility" owed to the people buried at Arlington.[6]
On October 31, Virginia Attorney General Jay Jones and DC Attorney General Brian Schwalb filed a second lawsuit. Schwalb called the project "flagrantly illegal", and Jones called it an "illegal vanity project".[7][8] Their filing focuses on practical harm too: the site is a busy traffic circle on the border between the two jurisdictions, and they warned about detours, crashes and emergency response during roughly three years of building work.[4][7] Judge Chutkan has combined the two cases.[5][7]
What the arch is
The arch would stand on Memorial Circle, on Columbia Island at the Virginia end of Arlington Memorial Bridge, between the cemetery and the Lincoln Memorial.[1][6] At 250 feet it would be more than twice as tall as the 99-foot Lincoln Memorial and taller than the Arc de Triomphe in Paris, which is about 50 metres (164 feet).[1][6][9] The Associated Press describes it as a granite structure with gold ornament.[2]
Planning documents released by the Interior Department earlier this year said the National Park Service planned to build it 20 hours a day over two to three years, according to ABC7.[6] Critics have also raised the height near the busy airspace around Ronald Reagan Washington National Airport.[3]
How the court blocked construction
On Thursday, November 5, the National Capital Planning Commission, which approves federal building plans in the capital, voted 8-4 to give the arch final approval after a hearing that ran for more than eight hours. About 130 people signed up to speak.[3][4][6] The administration had told the court that work could start as soon as that day.[4][5]
About an hour after the vote, Judge Chutkan issued a temporary restraining order barring the National Park Service from starting any work for 14 days. She found that DC and Virginia had shown real and immediate harm, ordered the Park Service to tell its contractors, and asked for a compliance report on Monday, November 9.[4][5]
The legal arguments
The plaintiffs say the arch needs approval from Congress and never got it. They point to the Commemorative Works Act, which covers memorials on federal land in and around Washington, and claim breaches of the Administrative Procedure Act, the National Environmental Policy Act and the National Historic Preservation Act.[5][7] The veterans' side also argues the president has overstepped the Constitution's Take Care Clause.[5]
The administration's answer is that Congress cleared the way for a memorial at Memorial Circle long ago, through a 1925 law tied to the Memorial Bridge plan. Commission chairman Mark Paoletta made that case at the hearing.[4][6] In her order, Chutkan doubted that a 100-year-old statute held a power "unknown to every previous administration" to put up a 250-foot arch, according to NBC4 Washington. That is an early view, not a final ruling.[4]
What the administration says
Paoletta said the arch would "complete a project over a century in the making" and give Arlington "the monumental gateway it deserves", and called it "a generational security opportunity" for the capital.[3][6] After the court order, White House spokesperson Davis Ingle said the administration was confident it would be "fully vindicated as this litigation proceeds".[6] No public response from the White House to the Kennedy motion had been reported by early November 11.
What happens next
Judge Chutkan first has to decide whether to let the Kennedys join. The bigger date is the end of the 14-day order. Counting from November 5, it would run out around November 19 unless the judge extends it or replaces it with a longer preliminary injunction. No hearing date for that next step had been reported when this was written.
Politics may matter too. Democrats won control of Congress in last week's midterms, and the arch is likely to face more scrutiny when the new Congress sits in January.[2][4] For another big court fight involving the president this week, see Trump v BBC: judge lets the defamation lawsuit go ahead.
Frequently asked questions
Is the Kennedy family suing Trump?
They have asked to join two existing lawsuits against the Trump administration over the arch, as additional plaintiffs. The judge has not yet ruled on the request.[1][3]
Where would Trump's arch be built?
On Memorial Circle, at the Virginia end of Arlington Memorial Bridge, between Arlington National Cemetery and the Lincoln Memorial.[1][6]
How tall is the arch?
250 feet, more than twice the height of the Lincoln Memorial.[1][6]
Has construction started?
No. A temporary restraining order issued on November 5 bars any work for 14 days.[4][5]
Is Robert F. Kennedy Jr. part of the lawsuit?
No. The Health Secretary did not join his relatives' request.[1][2]
References
- "Kennedy family members seek to block construction of Trump's arch". NBC News. November 10, 2026.
- "Kennedy family joins US lawsuits to block Trump's 'unlawful' arch plan". Associated Press (via Al Jazeera). November 11, 2026.
- "Kennedy family joins lawsuit to block Trump's proposed arch". Courthouse News Service. November 10, 2026.
- "Federal judge orders 14-day delay on any work beginning on Trump's monumental arch". NBC4 Washington (AP). November 6, 2026.
- "Federal judge orders halt to Trump's proposed 'triumphal arch' project". Jurist. November 7, 2026.
- "Judge blocks Trump arch hours after federal panel approval". ABC7. November 6, 2026.
- "D.C. and Virginia Join the Fight to Block Trump's Triumphal Arch. What Happens Next?". Time. October 31, 2026.
- "Attorney General Jay Jones Sues to Block Donald Trump's Illegal Vanity Project". Office of the Attorney General of Virginia. November 2, 2026.
- "Arc de Triomphe". Wikipedia. Retrieved November 11, 2026.