Jones v USPS September 21, 2020

Steve Hutkins of Save The Post Office updates us on the “Jones vs USPS” suit filed in United States District Court for the Southern District of New York. He has been live-blogging the events from Save The Post Office blog.

September 21, 2020

Big news today: The plaintiffs have won a second suit against the Postal Service. The judge in Jones v USPS, Victor Morrero of the SDNY, has ordered a preliminary injunction preventing the Postal Service from enacting changes that endanger voting by mail. The order is here. It’s the second such order for a preliminary injunction, following the order in Washington v USPS issued on Sept. 17. The Associated Press has the first article about the Jones decision, here, and CNN reports here.

The Jones order directs the Postal Service to “treat all Election Mail as First-Class Mail or Priority Mail Express” and to provide the court a cost estimate for doing so;  to “pre-approve all overtime that has been or will be requested for the time period beginning October 26, 2020 and continuing through November 6, 2020”; and “submit to the Court a list of steps necessary to restore First-Class Mail and Marketing Mail on-time delivery scores to the highest score each respective class of mail has received in 2020.”

The Jones order also directs the Postal Service to submit a proposed memorandum to all USPS managerial staff (the “Guidance Memorandum”) that explains all USPS policy requirements concerning the treatment of Election Mail and that clarifies late and extra trips are not banned, do not require pre-approval, and will not result in disciplinary action.

Judge Morrero has also ordered the Postal Service to provide not only the same weekly updates on service performance that the USPS is providing Congress but also more detailed reports that disaggregate 2-day and 3-5 day service reports and include variance data showing how many days late the mail is.

These are the same detailed reports that, at my request, the Postal Regulatory Commission asked the Postal Service to provide. The Postal Service said that it would take 56 weeks to prepare such reports, and it failed to submit them by the deadline, Sept. 18. It will be interesting to see how the Commission responds to this failure and what the Postal Service does in response to Judge Morrero’s order to produce these reports.

As a side note, we’re happy to report that Mark Jamison, regular contributor to savethepostoffice.com, submitted oral and written testimony in Jones, and his comments are cited several times in Judge Morrero’s order.

In Richardson, the plaintiffs have filed a Reply in Further Support of Plaintiffs’ Motion for a Preliminary Injunction. The Reply frequently cites the order for a preliminary injunction in Washington, and concludes with a request for a “special master”: “The grave constitutional harm that will result from USPS’s failure to implement any changes ordered, along with the extremely short time in which USPS must implement those changes, requires supervision to ensure that it is done. Therefore, Plaintiffs request that the Court exercise its discretion to appoint a master to assist in the implementation of the Court’s orders.”

In Vote Forward, defendants DeJoy and USPS have submitted a Response to Plaintiffs’ Motion for Expedited Discovery, arguing that “expedited discovery would impose an undue burden on USPS as its key personnel are consumed with assessing and coordinating the agency’s compliance with the injunction” in Washington. The defendants also argue that there is already a “wealth of available, relevant evidence” from the other cases so that additional expedited discovery would be duplicative and burdensome.

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