Law360 (September 15, 2020, 6:44 PM EDT) — The U.S. Postal Service struck back at states suing to undo service changes before the November election, arguing to a Washington federal court Tuesday that they lacked standing to sue and that their concerns about delayed mail-in ballots were “speculative.”
In a brief to U.S. District Judge Stanley A. Bastian, the Postal Service defended many of its recent changes — including some that were paused amid concerns about their perceived effect on the election — as necessary and normal parts of the agency’s right-sizing and its attempts to send out more delivery trips on schedule, or as side effects of the COVID-19 pandemic.
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.