Ranking Members Heinrich, King Lead Bicameral Amicus Brief Challenging Trump’s Plans for Illegal Monument on National Park Service Land

WASHINGTON - U.S. Senator Martin Heinrich (D-N.M.), Ranking Member of the U.S. Senate Energy and Natural Resources Committee, and U.S. Senator Angus King (I-Maine), Ranking Member of the Senate Subcommittee on National Parks, joined lawmakers in filing an amicus brief that would put a stop to President Trump's plan to construct a commemorative arch on federal property. The amicus brief argues that the President's plan is illegal unless Congress authorizes it.

"The law is clear: Any structure on federal parks or public grounds in the nation's capital must be approved by Congress on behalf of the American people. The president cannot decide to act unilaterally on this issue," said Heinrich.

"This is a straightforward example of checks and balances, and an exercise of Congressional authority - the Commemorative Works Act could not be clearer: any structure on grounds like this must be approved by Congress on behalf of the American people," said King. "Whether it is an arch, an obelisk, a ballroom, or a statue, this is a decision that cannot be made unilaterally when it is on public lands and protected by statute."

The amicus brief supports a lawsuit brought by a group of Vietnam War veterans and a retired architectural historian to block construction of the proposed arch between the Lincoln Memorial and Arlington National Cemetery. Specifically, the case concerns whether President Trump can bypass federal law requiring congressional approval for monuments on federal land in Washington, D.C. The Commemorative Works Act (CWA) and 40 U.S.C. § 8106 both require express authorization from Congress before any monument or structure is built on federal reservations, parks, or public grounds in the nation's capital. The Independence Arch, slated for Memorial Circle in Lady Bird Johnson Park, has received no such authorization. In response to an inquiry from Senator King on this matter, the independent Congressional Research Service found that "the CWA would appear to govern the construction of the arch. Likewise, § 8106 would appear to require congressional authorization to construct a memorial arch in Memorial Circle."

The Independence Arch would be constructed in Memorial Circle within Lady Bird Johnson Park, which falls under Area I of the Commemorative Works Act, requiring additional congressional approval for any new commemorative works. Since the CWA's enactment in 1986, Congress has authorized more than 40 commemorative works through the statutory process. The law establishes consultation requirements with expert commissions and multiple layers of review to ensure new monuments reflect lasting national significance and preserve the integrity of the city's original layout.

In addition to Heinrich and King, the amicus brief is being supported by U.S. Senator Jeff Merkley (D-Ore.). U.S. Representative Jared Huffman (D-Calif.), Ranking Member on the House Natural Resources Committee, led the amicus brief for the U.S. House of Representatives. U.S. Representatives Yassamin Ansari (D-Ariz.) and Maxine Dexter (D-Ore.) also support the amicus brief.

The full text of the amicus brief is here. The full findings of the Congressional Research Service can be found here.

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