In Jones v USPS, the Postal Service provided weekly service performance data since the beginning of the year. This is the most complete picture of on-time performance that we’ve seen since the mail delays became an issue earlier this summer. The data set is discussed in this post. There was also a hearing today in the Jones case. We hope to have more on that later.
In the Washington case, an amicus brief was filed by the County of Santa Clara, the City of Columbus, and Thirty-Eight Local and Tribal Governments. The brief argues that the operational changes made by the Postal Service impede delivery and receipt of vote-by-mail, absentee, replacement, emergency, military, and overseas ballots, voter registration material, and outreach and education efforts. They also create significant burdens for officials administering elections and interfere with tribal government functions.
In the Washington case, the Postal Service filed a brief in opposition to the plaintiff’s motion for a preliminary injunction. As noted on Law360,”Between arguing that the states’ concerns were overblown and pointing to regulations that say the Postal Regulatory Commission and the Washington D.C. Circuit Court have exclusive jurisdiction over such complaints, the USPS said the court should not grant the proposed injunction to undo changes that have already been made.”
“This case is now about plaintiffs’ attempts to have this court oversee the day-to-day operations of USPS, based on a claim that courts have analogized to a ‘Hail Mary,’ to right wrongs that do not exist,” the brief said. “Plaintiffs’ legally deficient claims, arising from unsupported fears about the potential actions of USPS, do not warrant the extraordinary relief it seeks.” See the Law360 article for more details.
Lawsuits against DeJoy, USPS & Trump over mail delays and election mail, Save The Post Office, Steve Hutkins, September 16, 2020