Federal Judge Rules Confederate Memorial Removal Can Proceed
A federal judge on Tuesday ruled that the removal of a memorial to Confederate soldiers at Arlington National Cemetery can proceed.
The ruling by U.S. District Judge Rossie Alston came one day after he issued a temporary restraining order halting its removal in response to a lawsuit filed Sunday in federal court in Alexandria, Virginia, by a group called Defend Arlington — which is affiliated with another group called Save Southern Heritage Florida.
A cemetery spokesperson told CBS News in a statement Tuesday evening that the removal process would proceed "immediately."
"In accordance with this evening's court ruling, the Army will resume the deliberate process of removing the Confederate Memorial from Arlington National Cemetery immediately," Arlington spokesperson Kerry Meeker said. "While the work is performed, surrounding graves, headstones and the landscape will be carefully protected by a dedicated team, preserving the sanctity of all those laid to rest in Section 16."
In his opinion Tuesday, Alston wrote that Defend Arlington "failed to establish" that its motion for a preliminary injunction was in the "public interest."
According to Alston, the court was faced with a significant debate between individuals who romanticize the Old South and those who believe that art depicting the harsh treatment of enslaved people should not be memorialized. Alston stated that it was not the court's responsibility to resolve this debate.
Although work had already begun to remove the memorial, the restraining order halted the process. The memorial is still present on the cemetery grounds.
The cemetery had previously stated that the removal was necessary due to congressional requirements and compliance with environmental and historic-preservation regulations.
However, Alston emphasized that the court's role was to interpret relevant laws and regulations, not to settle the larger debate surrounding the memorial.
The lawsuit accused the Army, which manages the cemetery, of violating regulations by hastily removing the memorial.
The lawsuit also claimed that the removal would desecrate and damage the longstanding memorial, potentially preventing it from being listed on the National Register of Historic Places.
The temporary restraining order, issued on Monday, stated that the plaintiffs' lawyer informed the court that the work at the memorial involved disturbing gravesites.
Memorial Lawsuit Dismissed by Federal Judge
A federal judge in the District of Columbia has dismissed a lawsuit seeking to block the removal of a memorial. The lawsuit was filed by the group Defend Arlington, who argued that the removal of the memorial would violate historic preservation and environmental impact laws.
In his opinion, the judge, Alston, stated that he had personally visited the memorial and found that the defendants, the Department of Defense (DoD), were making every effort to protect and respect the surrounding gravesites. He also criticized Defend Arlington for failing to inform him about another case related to the memorial, calling it a "troubling omission."
The memorial, unveiled in 1914, features a bronze woman representing the American South. It stands on a 32-foot pedestal and holds a laurel wreath, a plow stock, and a pruning hook. At her feet, there is a biblical inscription that reads: "They have beat their swords into plough-shares and their spears into pruning hooks."
John Rowley, an attorney for Defend Arlington, expressed disappointment with the court's decision and maintained that the DoD failed to conduct the necessary reviews required by law before removing the memorial.
Controversial Confederate Statue Faces Removal
Controversy surrounds a Confederate statue in Virginia that features several problematic figures. One of them is a Black woman portrayed as a "Mammy," holding the child of a white officer. Another figure depicts an enslaved man following his owner to war.
An independent commission recommended the removal of the memorial in a report to Congress that focused on renaming military bases and assets associated with the Confederacy.
Recently, over 40 House Republicans wrote a letter to Defense Secretary Lloyd Austin, arguing that the commission exceeded its authority by recommending the removal of the statue.
However, Virginia Governor Glenn Youngkin disagrees with the decision and plans to relocate the monument to the New Market Battlefield State Historical Park in the Shenandoah Valley, according to Youngkin spokeswoman Macaulay Porter.
