The Independent View: Federal Judge Blocks Postal Service Changes that Slowed Mail

A U.S. Judge, on Thursday Sept. 17th, Blocked controversial U.S. Postal Service (USPS) Changes that have Slowed Mail Nationwide, calling them “a politically motivated attack on the efficiency of the Postal Service” before the November Election.

Judge, Stanley Bastian, in Yakima, Washington, said he was Issuing a Nationwide Preliminary Injunction sought by 14 States that Sued the Trump Administration and the U.S. Postal Service.

The States Challenged the USPS's so-called “leave behind” Policy, where Trucks have been Leaving Postal Facilities on time regardless of whether there is more Mail to Load. They also sought to Force the USPS to treat Election Mail as First Class Mail.

The Judge noted after a Hearing that Trump had repeatedly Attacked Voting-by-Mail by making Unfounded Claims that it is Rife with Fraud. Many more Voters are expected to Vote-by-Mmail this November because of the Covid-19 Pandemic, and the States have expressed Concern that Delays might result in Voters Not receiving Ballots or Registration Forms in time.

“The states have demonstrated the defendants are involved in a politically motivated attack on the efficiency of the Postal Service," Bastian said. He also said the Changes created “a substantial possibility many voters will be disenfranchised.” Bastian said he Planned to Issue a Written Order later in the day, but that it would be Substantially the same as that sought by the States.

Following a National Uproar, Postmaster General, Louis DeJoy Announced he was Suspending some Changes, including the Removal of iconic Blue Mailboxes in many Cities and the Decommissioning of Mail Processing Machines. But other Changes remained in place, and the States, including the Battlegrounds of Michigan, Wisconsin, and Nevada, asked the Court to Block them.

Led by Washington Attorney, General Bob Ferguson, the States said the USPS made the Changes without first bringing them to the Postal Regulatory Commission for Public Comment and an Advisory Opinion, as required by Federal Law. They also said the Changes Interfered with their Constitutional Authority to Administer their Elections.

At the Hearing, Justice Department Attorney, Joseph Borson, sought to Assure the Judge that the USPS would handle Election Mail Promptly, noting that a Surge of Ballots in the Mail would pale in Comparison to Increases from, say, Holiday Cards. He also said Slow-Downs caused by the “leave mail behind” Policy had gotten better since it was First Implemented, and that the USPS in Reality had made No Changes with regard to how it Classifies and Processes Election Mail.

“There's been a lot of confusion in the briefing and in the press about what the Postal Service has done,” Borson said.

Voters who are Worried about their Ballots being Counted “can simply promptly drop their ballots in the mail,” he said, and States can help by Mailing Registration Forms or Absentee Ballots Early.

Borson also insisted that the States also were Required to bring their Challenge Not in Court, but before the Postal Regulatory Commission itself, even though by Law the Commission has 90 days to Respond. Bastian Rejected that Notion, saying there was No Time for that with the Election just Seven weeks away.

The other States Suing include: Colorado; Connecticut; Illinois; Maryland, Minnesota; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; and Washington, all led by Democratic attorneys general.