Virginia and D.C. Sue to Stop Trump's Triumphal Arch Days Before Construction Could Begin. Honor the Fallen by Keeping the Law.

The facts come first below. My opinion follows in the section marked as opinion.

Editor's note: This is a new development in a story Dock Line first covered Oct. 22: Trump Arch Construction Could Begin Nov. 5, Justice Department Says. Since then, Virginia and the District of Columbia have gone to federal court to stop the project.

Virginia and the District of Columbia filed a lawsuit in federal court Saturday in a last-ditch effort to stop construction of the triumphal arch planned for Memorial Circle in Washington. The Trump administration has said it plans to begin construction on Nov. 5, NBC News reported.

The suit seeks a temporary restraining order blocking construction. The National Capital Planning Commission is expected to take its final vote on the arch's design on Thursday, and the administration has said in court that construction could begin that same day if the commission grants approval, ABC News reported.

What the states argue

Virginia Attorney General Jay Jones and D.C. Attorney General Brian Schwalb argue the administration is violating the Commemorative Works Act by bypassing specific congressional authorization, and the Height of Buildings Act by building an arch set to exceed 130 feet. They also allege violations of the National Environmental Policy Act and the National Historic Preservation Act. "The construction of the Arch will inflict immediate and irreparable harm on the District and Virginia," they wrote, according to NBC News.

The two governments say they "will suffer a battery of irreparable injuries as soon as construction begins—from disruptions of local traffic to environmental degradation to threats to security and emergency preparations," ABC News reported.

Jones said in a statement, "Virginia takes immense pride in being home to Arlington National Cemetery, the final resting place of generations of American heroes who gave their lives defending our nation." He called the arch an "illegal vanity project," NBC News reported.

What the White House says

White House spokesperson David Ingle told NBC News the arch "will serve as a gateway to 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." Ingle did not address a direct question about the lawsuit, NBC News reported.

The administration has also been fighting a lawsuit brought by Vietnam-era veterans who say the arch would harm their experience visiting Arlington National Cemetery. Sworn declarations by the secretaries of defense and homeland security were filed in that case to support the administration's argument that the project is necessary for national security. The proposed arch would be more than twice as tall as the 99-foot Lincoln Memorial, according to ABC News.

In September, the president said on Truth Social that the arch would be outfitted to house drones and snipers, but final plans submitted to the planning commission do not include those military features, NBC News reported.

Opinion: Honor the fallen by keeping the law, not by outrunning the courts

There is nothing wrong with wanting a great monument for the nation's 250th birthday. Americans should honor the men and women buried across the river at Arlington, and a president who wants to do it in stone is not the villain some critics make him out to be. The White House's case for the arch speaks of sacrifice and freedom, and those are worthy things to remember.

But how a thing is done matters as much as what is done. Congress wrote the Commemorative Works Act so that monuments on federal land in the capital would be authorized by the people's representatives, not by one man in one term. Conservatives have spent decades warning about executives who act first and ask permission later. That warning does not expire when our side holds the White House.

Scripture puts it plainly: "Remove not the ancient landmark, which thy fathers have set." The view from Arlington toward the Lincoln Memorial was set by generations before us. Changing it may be right or wrong, but it should be decided by Congress and tested in court, not rushed so that the shovels are in the ground before a judge can rule.

The fair answer is simple. Let the judge hear both sides. If the administration is right about the law, it will win. If Congress must approve, ask Congress. A monument to sacrifice should not begin with a shortcut.