A federal judge on Monday ordered the Trump administration to alert her court within an hour of any agency decision on President Donald Trump's proposed memorial arch, adding new hurdles before crews can break ground.
U.S. District Judge Tanya Chutkan's order applies to the National Capital Planning Commission, the National Park Service and the Interior Department. She also demanded word within 30 minutes of any activity tied to building, or getting ready to build, the arch on Memorial Circle.
Chutkan reminded the government that construction or demolition before the Park Service issues a final decision authorizing the work, or without 14 days' notice, would breach her earlier orders.
A possible Nov. 5 start
The administration told the court in an Oct. 28 filing that it expected the planning commission to approve the project Nov. 5. Its notice said the Park Service could publish the required notice and construction could begin as soon as that same day.
Chutkan was already weighing a preliminary injunction in a suit brought by three veterans of the Vietnam War and an architectural historian. Over the weekend, the District of Columbia and Virginia filed their own challenge and asked for a temporary restraining order.
The judge merged the two cases and set a shared briefing schedule, signaling that the planning commission meeting will likely prompt her ruling.
At an Oct. 30 hearing, Chutkan asked what the rush was and how an injunction during the litigation would hurt the government. Administration lawyer Robert Stander called the arch a high-priority project and said court intervention would get in the way of the government's work.
Inside the 106-page plan
Under a 106-page plan the government filed Friday, the arch would rise more than 12 stories and be crowned by a winged bronze Lady Liberty holding a torch with an eternal flame. It would feature an observation deck facing east and west, an occupied roof and two mezzanines.
The structure would also hold program rooms, offices, a staff lounge, spiral stairs, several elevators and a fire command center. Nearby roads would be rerouted, and administration officials have said the arch would serve a national security purpose.
The administration is learning they cannot ignore the judiciary in the way they've ignored the public.
Charles A. Birnbaum, founding president and CEO of the Cultural Landscape Foundation
The arch is one of several projects Trump has pursued as he reshapes the capital, including a makeover of a historic public golf course and threats to tear down the Kennedy Center. Charles A. Birnbaum, who leads the Cultural Landscape Foundation, a group challenging some of those projects, said the order sends a message to the administration.
