Two captions, one opinion. American Historical Association v. Trump, No. 1:26-cv-01169 (JDB), and Freedom of the Press Foundation v. Trump, No. 1:26-cv-01402 (JDB). Plaintiffs challenged an April 2026 Office of Legal Counsel opinion treating the Presidential Records Act of 1978 as unconstitutional and related White House records guidance. Bates held a consolidated hearing on May 13, 2026.
On May 20, 2026, he issued a 54-page memorandum opinion and a two-page order in the Press-CREW case granting the preliminary injunction. The order (ECF 14) enjoins the Executive Office of the President, the White House Office, the Office of the Vice President, and Chief of Staff Susie Wiles, effective 9:00 a.m. on May 26, 2026. It directs a notice of compliance by May 28, 2026. Reporting of the opinion (Just the News; Epoch Times) quotes Bates concluding the Records Act is “likely constitutional,” that Congress may regulate presidential records under the Property Clause, and that OLC relied on a “stark misreading” of Supreme Court precedent. The same coverage states he declined, for the time being, to enjoin the President and the Vice President in the performance of official duties, citing the usual bar on enjoining a sitting President, and called an end-of-term order about what President Trump might do in 2029 “premature.”
A preliminary injunction is not a final judgment, not a criminal conviction, and not a Supreme Court holding. CourtListener and PACER-monitor entries record a later government appeal and a stay of proceedings pending the D.C. Circuit. Those docket events are status. They do not erase the May 20 order.