⚖ Oral Arguments, with Context

The D.C. Circuit hears the government's appeal in American Historical Association versus Donald Trump. The dispute began when the Justice Department's Office of Legal Counsel concluded that the Presidential Records Act was unconstitutional. The White House then issued new records-preservation guidance based on that view. The American Historical Association, American Oversight and other groups sued, arguing that the new approach threatened the preservation of work emails, texts and other official records needed for research and accountability. Under the Act, covered records belong to the United States, with duties to preserve them and procedures for disposal and later access. The district court entered a preliminary injunction—a temporary order—requiring several White House offices and officials to follow the Act rather than the new guidance. The government will argue that mandatory preservation and later disclosure intrude on presidential control and confidential advice. The groups will defend the law as a valid safeguard for the historical record and continuity between administrations. A central question is whether objections to particular provisions justify rejecting the entire Act.

American Historical Association v. Donald Trump (No. 26-5185) — U.S. Court of Appeals for the D.C. Circuit, argued October 16, 2026.