In order to demonstrate Trump’s supposedly far-reaching power to destroy and alter national monuments at whim, the DOJ lawyers claimed that if the president wanted to bulldoze the Statue of Liberty in New York, there would be no one with the standing to challenge him.
“If the government decides very quickly to bulldoze the Statue of Liberty, the people whose ancestors—that was the first thing they saw coming to this country, but the government moved too fast—nothing can be done?” Judge Patricia Millett asked, according to Politico’s Kyle Cheney.
“I think that’s right, yes,” the government responded.
The Statue of Liberty, like the White House, is managed by the National Park Service. Demolishing it would require legislative approval and rigorous public and regulatory review under the National Historic Preservation Act.
This argument features in the DOJ’s primary claim that the National Trust for Historic Preservation, the group behind the lawsuit, has no standing to challenge the construction. The DOJ also argued that construction on the ballroom can’t actually be stopped by the courts, and could only be stopped by Congress.
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