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Reason
Reason
Politics
Josh Blackman

There Is No Equitable Constitutional Cause Of Action To Challenge The Presidential Record Act Policy

Last month, I wrote about the Office of Legal Counsel's opinion finding that the Presidential Records Act was inconsistent with Trump v. Mazars. Somewhat remarkably, several writers have attacked the opinion, but minimize, or even ignore, Mazars.

The American Historical Association filed suit, arguing that it is injured because at some point in the future, it will not be able to access certain presidential documents. Federal district court Judge Bates has found the new policy is likely unconstitutional. You know things are going south when the first sentence is a quote from 1984.

Again, even more remarkably, the court finds that Mazars has little bearing on the case.

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