PHILADELPHIA – A Philadelphia federal court has added itself to the growing number of judiciaries ordering the U.S. Postal Service to rescind service changes it enacted this year, finding that Pennsylvania and other states would otherwise be irreparably harmed.
U.S. District Court for the Eastern District of Pennsylvania Judge Gerald A. McHugh issued the ruling Monday in allowing an injunction to be levied on Postmaster General Louis DeJoy, as a result of changes he oversaw leading to a detrimental effect in mail service for six states including Pennsylvania, plus Washington, D.C.
Such changes, like the imposition of overtime restrictions on postal employees and cutting back on trips made by postal trucks and letter carries, were determined to be detrimental to the mail-in ballot voting process of those states in the upcoming presidential election in McHugh’s opinion, totaling nearly 90 pages in length.
DeJoy’s counsel had argued that the changes posed no such detriment, but McHugh did not concur.
“The Postal Service is a critical agency that preceded the birth of the nation itself, one of a few agencies that the Constitution explicitly authorized. Congress has described it as “a basic and fundamental service provided to the people by the Government of the United States,” McHugh’s opinion read.
“Its ability to fulfill its mission during a presidential election taking place in the midst of a public health crisis is vital. The record in this case strongly supports the conclusion that irreparable harm will result unless its ability to operate is assured.”
McHugh explained how first-class mail service ratings went from 92 percent at the start of the coronavirus pandemic down to 81 percent by August, after DeJoy had been appointed in charge of the Postal Service.
Meanwhile, McHugh said the agency violated its authority by making the changes without consulting the public or submitting a proposal to the Postal Regulatory Commission, disenfranchised mail-in voters through implementing those changes and caused irreparable harm in the process.
Through those findings, McHugh said he would grant the injunction.
“Enjoining the enforcement of the July 2020 policies puts the Postal Service in the same posture that it has been in for its recent history. I find that enjoining the imposition of USPS policies would halt disruption in the mail service and preserves the status quo that existed before the policies were implemented,” McHugh said.
“I find that the interest of the public and particularly the risk of irreparable harm tilts the equities in the plaintiffs’ favor in this instance. Finally, to the extent that defendants contend that they are already taking steps to remedy the admitted deficits in the timely delivery of mail, they can hardly be burdened by a court order requiring them to address those deficits.”
McHugh added it was at the very least “curious” that such changes would be imposed during a major public health crisis and just months before a presidential election where mail-in voting would be prominently utilized.
“Depending on how one views the range of conclusions that can be drawn from the evidence, it might even be considered reckless,” McHugh said.
Pennsylvania Attorney General Josh Shapiro commended McHugh’s ruling.
“This is a major victory and confirms – for every senior who has not received their timely shipment of prescription drugs and every voter who needs the reliable delivery of their mail-in ballots – that Postmaster General DeJoy was making false promises,” Shapiro said.
“The Postal Service cannot make random, negative changes that affect Pennsylvanians’ daily lives, and the court is helping to ensure that everyone has full faith in the Postal Service at this critical time.”
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-04096
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com