Kennedy Family Sues to Block the Trump Administration From Unlawfully Building 250-Foot Arch
November 10, 2026
Family files motion to intervene in a lawsuit blocking Trump’s proposed arch, noting that If built the arch would obstruct the Kennedy gravesites, the JFK Eternal Flame, and the sightlines of Arlington National Cemetery
WASHINGTON, D.C. — Nine Kennedy family members today filed a motion to intervene in a suit to block the Trump administration’s unlawful attempt to build a towering, 250-foot arch near Arlington National Cemetery and Washington, D.C.’s historic monuments. The family is represented by Democracy Defenders Fund. Their complaint states the arch would obstruct sightlines and cast shadows over the Kennedy family’s gravesites at Arlington National Cemetery and the JFK Eternal Flame, permanently diminishing these memorials.
The plaintiffs include Rory Kennedy, Maxwell Kennedy, Christopher G. Kennedy, Kerry Kennedy, Courtney Kennedy, the Hon. Kathleen Kennedy Townsend, and the Hon. Joseph P. Kennedy II, children of Sen. Robert F. Kennedy and Ethel Kennedy; the Hon. Joseph P. Kennedy III, a grandchild of Robert and Ethel Kennedy; and Edward M. Kennedy, Jr., son of Sen. Edward M. Kennedy. The family members’ motion and attached complaint names President Trump, White House Domestic Policy Council Director Vince Haley, the Executive Office of the President, Interior Secretary Doug Burgum, the Interior Department, and the National Park Service.
Rory Kennedy and Maxwell Kennedy, speaking on behalf of the family, said:
“This action is about protecting sacred spaces that belong to the American people. Our parents, Robert and Ethel Kennedy, and our uncles, President John F. Kennedy and Senator Edward M. Kennedy, are laid to rest at Arlington National Cemetery. Our uncle Joseph P. Kennedy Jr., who lost his life serving our country in World War II, is also memorialized there. They are among the more than 400,000 veterans and family members buried or honored on this hallowed ground. We believe Donald Trump has violated the laws and procedures established by Congress to protect this most sacred national memorial. In bringing this lawsuit, we stand for those who can not 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. Our lawsuit asks the administration to respect the sanctity of Arlington National Cemetery, the laws established to protect it, and the rights of all Americans who come here to honor those who have served our country.”
The proposed arch would be more than twice the height of the Lincoln Memorial. It would intrude between the Lincoln Memorial and Arlington House, which were designed to face each other to represent national reunification after the Civil War. The arch would block views of the Kennedy Gravesites and Eternal Flame from Arlington Memorial Bridge — a sightline specially chosen by the Kennedy family. The arch would also cast a shadow over the Kennedys’ graves, especially in the early morning when the family traditionally visits, the complaint states.
“The gigantic proposed arch is an illegal interference with Arlington National Cemetery and the heroes remembered there, including at the gravesites and memorials of the Kennedy brothers and Ethel Kennedy. Only Congress has the constitutional power to authorize an intrusion of this magnitude. Today, members of the Kennedy family are joining with the other litigants in this case to protect this historic site–and to defend the rule of law and separation of powers,” said Norman Eisen and Steve Jonas of Democracy Defenders Fund, which represents the family members bringing the action.
The complaint states the National Park Service and Interior Department authorized construction on Nov. 5, 2026, without the necessary congressional approval. The complaint says that the Defendants exceeded their legal authority, and that approval for the arch was contrary to law and arbitrary and capricious, citing the National Park Service and Department of Interior’s own findings of adverse effects, a large number of public comments opposing the project, and the National Capital Planning Commission’s finding that the arch would fully “obstruct reciprocal views of the Lincoln Memorial and Arlington.”
The family is asking the court to set aside the authorization and block construction.
Read the full complaint here
Read the full motion to intervene here.
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Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
For media inquiries, contact press@democracydefenders.org.
