Federal Judge Issues Temporary Restraining Order on Removal of Confederate Soldier Memorial at Arlington National Cemetery
ICARO Media Group
Arlington National Cemetery, VA - In a significant legal development, a federal judge issued a temporary restraining order on Monday, effectively halting the removal of a memorial dedicated to Confederate soldiers at Arlington National Cemetery. The order was granted in response to a lawsuit filed by a group called Defend Arlington, which is affiliated with Save Southern Heritage Florida. The group accused the Army, which manages the cemetery, of violating regulations in its rush to remove the memorial.
The lawsuit, filed on Sunday in federal court in Alexandria, Virginia, prompted U.S. District Judge Rossie Alston to issue the restraining order. The court scheduled a hearing for Wednesday to consider the matter further. Although work to remove the memorial had already begun on Monday, it was halted with the issuance of the restraining order, leaving the memorial in place on cemetery grounds.
A spokesperson for the cemetery stated that Arlington is complying with the restraining order but referred all other inquiries to the Justice Department. The cemetery had previously announced its intention to complete the removal this week, citing congressional requirements and adherence to environmental and historic-preservation regulations.
According to the lawsuit, the removal of the memorial would not only desecrate and damage it but also jeopardize its eligibility for listing on the National Register of Historic Places. The plaintiffs' lawyer convinced Judge Alston that the work involved disturbing gravesites, leading the judge to issue the temporary restraining order. Judge Alston emphasized the seriousness of the representations made by the plaintiffs' side, warning that false or exaggerated claims could result in appropriate sanctions.
Last week, the same group of plaintiffs had their lawsuit seeking to block the removal of the memorial dismissed by a federal judge in the District of Columbia. Judge Alston has requested the parties to be prepared to discuss how this previous ruling might impact his decision regarding the extension of the temporary restraining order beyond Wednesday.
David McCallister, spokesperson for Save Southern Heritage Florida, welcomed the judge's temporary order while acknowledging its limited duration. McCallister argued that the memorial serves as a symbol of reconciliation between the North and South, and removing it would undermine those efforts.
It is worth noting that last year, an independent commission recommended the removal of the Confederate soldier memorial as part of a broader report to Congress on renaming military bases and assets that honor the Confederacy. In response, more than 40 House Republicans recently penned a letter to Defense Secretary Lloyd Austin, contending that the commission exceeded its authority in recommending the monument's removal.
The outcome of Wednesday's hearing will determine the next steps regarding the contentious memorial, which continues to be a subject of intense debate in the ongoing discussions surrounding the legacy of the Confederacy.