By Gene Johnson

Updated 5:45 pm ET

 A U.S. judge on Thursday blocked controversial Postal Service 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 Postal Service'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 Postal Service 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 mail 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, an appointee of former President Barack Obama, 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, a major donor to President Donald Trump and the GOP, 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. The states sought to have the "leave behind" policy revoked; election mail treated as First Class mail rather than as slower-moving categories; the reinstallation of any mail processing machines needed to ensure the prompt handling of election mail; and that the court hold DeJoy to his promise to suspend other changes.

Led by Washington Attorney General Bob Ferguson, the states said the Postal Service 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 Postal Service 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 behind" policy had gotten better since it was first implemented, and that the Postal Service in reality had made no changes with regard to how it classifies and processes election mail. DeJoy has repeatedly insisted that processing election mail remains the organization's top priority.

"There's been a lot of confusion in the briefing and in the press about what the Postal Service has done," Borson said. "The states are accusing us of making changes we have not in fact made."

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 form 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 states conceded that mail delays have eased since the service cuts first created a national uproar in July, but they said on-time deliveries remain well below their prior levels, meaning millions of pieces of mail that would otherwise arrive on-time no longer are.

They also noted some of the effects the changes had already wrought: Michigan spent $2 million earlier this year on envelopes that met election mail standards — only to learn that the Postal Service wouldn't treat them as first class mail. In Madison, Wisconsin, the number of ballots that weren't counted because they arrived late for the August primary doubled from the August 2018 primary.

The other states suing include Washington, Colorado, Connecticut, Illinois, Maryland, Minnesota, New Mexico, Oregon, Rhode Island, Vermont and Virginia — all led by Democratic attorneys general.

Pennsylvania is leading a separate multistate lawsuit over the changes, and New York and Montana have filed their own challenges.

Share:
More In Politics
Interest Rates Remain Unchanged Though Hikes Loom
Wall Street saw another volatile day after the Federal Reserve left rates unchanged for now, with plans to raise rates in March at its next meeting in order to ease inflation. Fed Chair Jerome Powell said the Fed has not made decisions on the size of rate increases, adding that the Fed is not trying to get inflation below two-percent. Ken Johnson, CFA and Investment Strategy Analyst explains why Powell thinks that high inflation is a significant threat to the labor market.
Factorial Energy Raises $200 Million to Accelerate Commercialization of Its Solid-State Batteries for Electric Vehicles
Solid-state battery maker Factorial Energy recently raised $200 million in a Series D round led by Mercedes-Benz and Stellantis. Factorial says the funding will be used to accelerate commercial production and deployment of its solid-state battery technology, which the company says is safer, and offers up to 50% more driving range than current lithium-ion technology. Factorial also has joint development agreements (announced in late 2021) with Mercedes-Benz, Stellantis, and Hyundai, three of the top 10 global automotive manufacturers, to commercialize its batteries. Factorial CEO Siyu Huang joined Cheddar News' Closing Bell to discuss.
China's Crackdown on Free Rress
A new report by the Foreign Correspondents Club of China warns that press freedom in the most populous country in the world is declining at an alarming speed. Cheddar News speaks with Steven Butler, Asia Program Coordinator at the Committee to Protect Journalists, about the hardships journalists face in China.
Rep. Nancy Mace Wants Dem Support for Amazon-Backed GOP Cannabis Reform Bill
Rep. Nancy Mace (R-S.C. 1st District) joined Cheddar to discuss her cannabis legalization bill, the States Reform Act, and the prospects for gaining bipartisan support for a bill that has garnered the endorsement of e-commerce giant Amazon. This legislation is supported by businesses large and small, Amazon obviously being the most recent and largest business to support it," Mace said. "They don't want to sell pot. But what it does do is it affects their working employment pool." She stated that 10 percent of eligible new hires for Amazon are affected by restrictive marijuana laws. The representative also explained that the bill leaves equity provisions up to the states rather than mandating them on a federal level.
Lawmakers Call On MTA To Install Doors On Subway Platforms
After a number of tragic subway incidents, the MTA is facing increased pressure to install subway platform screens to help prevent injury or death. However, according to an earlier report from the MTA, installing these prevented measures isn't feasible. New York City Council Member Keith Powers, joined Cheddar to discuss more.
2020 Census Data Shows New Gerrymandering Battle
Across the country, states are working to redraw their congressional lines in what is often known as gerrymandering. These news lines are expected to determine the balance of power between Democrats and Republicans within the next decade. Senior Counsel for the Brennan Center's Democracy Program, Michael Li, joined Cheddar to discuss more.
California To Dismantle Death Row
The state of California is officially planning to close its death row in the next two years. That state's governor Democrat Gavin Newsom says the plan is now to move all condemned inmates to other prisons and turn it into, as he calls it, a positive healing environment. Former U. S. Assistant Attorney and Legal Analyst, David Katz, joined Cheddar to discuss more.
Stocks Close Near Session Highs to Begin February
Anthony Saccaro, Founder and President of Providence Financial, joins Cheddar News' Closing Bell, where he elaborates on why he is excited that the market is beginning to rebound and believes February has the potential to be a good month after a turbulent January.
Load More