The Standing Record

A daily, non-partisan record of US democratic norms — and the events that erode them.

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May 20, 2026

2 entries on this date.

DOJ opinion declares Presidential Records Act unconstitutional; court orders White House to comply

In April 2026, the Justice Department's Office of Legal Counsel issued a memorandum opinion declaring the Presidential Records Act — the post-Watergate law that makes presidential records public property and requires their preservation — unconstitutional, and advised that President Trump need not comply with it. On May 20, 2026, U.S. District Judge John Bates granted a preliminary injunction in American Historical Association v. Trump, holding the Act "likely constitutional," finding a substantial risk that covered records were not being preserved, and ordering most Executive Office of the President staff to comply. The injunction takes effect at 9 a.m. on May 26, 2026; it binds White House staff but not the President or Vice President directly.

Pentagon cuts recognized military faith codes from ~211 to 31, dropping minority faiths

A May 20, 2026 Defense Department memorandum signed by Under Secretary of Defense for Personnel and Readiness Anthony Tata cut the military's list of officially recognized religious affiliation codes from roughly 211 to 31, dropping an estimated 180 minority faiths and worldviews — including atheists, humanists, pagans, Wiccans, Druids, Heathens/Asatru, deists, Unitarian Universalists, and spiritualists. The reduction, directed by Defense Secretary Pete Hegseth, preserves majority faiths while removing the de-recognized groups' access to formal chaplain support.