Members of the Kennedy family have filed a motion to intervene in an existing lawsuit aimed at halting the construction of President Donald Trump’s proposed triumphal arch, asserting that the planned 250-foot structure would “permanently cast shadows” over the graves of their relatives and the “heroes who eternally rest at Arlington National Cemetery.”
According to the motion submitted by attorney Norman Eisen, intervention is justified because certain facts and harms are unique to the Kennedy family, even as their concerns “overlap legally and factually” with a lawsuit previously filed by Vietnam War veterans, the District of Columbia, and the Commonwealth of Virginia.
In alignment with the veteran plaintiffs, nine members of the Kennedy family contend that positioning what amounts to “a twenty-five-story office building” at Memorial Circle would obstruct a line of sight deliberately designed to symbolize national unity following the Civil War , one that has remained intact for nearly a century.
The proposed intervenors further argue that construction of the arch would result in the “permanent denigration of the Kennedy Gravesites and the final resting place for Plaintiffs’ parents and grandparents.” The filing states: “Moreover, if the Arch were constructed, Plaintiffs’ visits to these graves would literally be shadowed by the Arch, an unlawfully-created structure.”
The individuals seeking to intervene include seven children of the late Senator Robert F. Kennedy and Ethel Kennedy , Rory Kennedy, Maxwell Kennedy, Christopher G. Kennedy, Kerry Kennedy, Courtney Kennedy, former Maryland Lieutenant Governor Kathleen Kennedy Townsend, and former U.S. Representative Joseph P. Kennedy II , as well as RFK’s grandson, former U.S. Representative Joseph P. Kennedy III, and Edward M. Kennedy Jr., son of the late Senator Edward M. Kennedy.
Court documents filed on Tuesday further note that the arch would impede the Kennedy family’s view of the gravesites from Memorial Bridge , a vista that the family specifically requested be preserved in recognition of President Kennedy’s deep appreciation for it. The filing states: “Plaintiffs have a special interest in seeing the Kennedy legacy preserved, and in ensuring these memorials comport with the wishes of their parents, grandparents, and entire family.”
The motion to intervene was filed on the same day that veteran plaintiffs separately petitioned U.S. District Judge Tanya Chutkan to extend protections beyond the temporary restraining order she had recently issued in their favor. Plaintiffs Michael Lemmon, Shaun Byrnes, Jon Gundersen, and architectural historian Calder Loth argued that a preliminary injunction is necessary given that Congress “has not specifically authorized an arch to be built in Memorial Circle” and that the temporary restraining order is scheduled to expire on November 19.
“Allowing Agency Defendants to bypass the applicable statutory processes would countenance a situation in which politicians can build idiosyncratic pet projects first and answer lawsuits later,” the court documents stated. “The result would be exactly the sort of commemorative free-for-all that Congress determined was inappropriate for our carefully planned national capital.”
The plaintiffs urged Judge Chutkan to prohibit the National Park Service and Department of the Interior from taking any steps to construct, direct, facilitate, or authorize construction of any structure in Memorial Circle without prior congressional authorization, for the duration of the litigation.
The previous week, Judge Chutkan rejected the administration’s assertion that Congress had authorized the arch more than a century ago and expressed skepticism toward Defense Secretary Pete Hegseth’s characterization of the project as a “generational national defense opportunity.” In her ruling, the judge noted that the recently raised security justifications “appear nowhere in the planning documents on which the project was reviewed and approved,” describing them as “recent and unsupported attestations.”
The president has publicly stated that the arch will “house, store, and have the rapid ability to use large numbers of drones, plus Snipers.” Late on Tuesday, Judge Chutkan ordered the Trump administration defendants to indicate whether they oppose the Kennedy family’s motion to intervene.
Rory and Maxwell Kennedy issued a statement on behalf of the family, asserting that the president has “violated the laws and procedures established by Congress to protect this most sacred national memorial.” The statement continued: “In bringing this lawsuit, we stand for those who cannot stand for themselves. Americans from every corner of the country visit Arlington to honor those who served and sacrificed for our nation. A towering arch casting shadows across the graves of our father, mother, and uncles, as well as the graves of so many who have served our country, would also cast a shadow over our democratic principles, undermining the safeguards established by our elected representatives to protect this hallowed ground for generations to come.”
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