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TOPLINE
Attorneys general from at least 20 states announced multiple lawsuits against the U.S. Postal Service Tuesday, launching the largest legal attack yet on USPS changes by Postmaster General Louis DeJoy causing widespread mail delays and fears about mail-in ballots—even after DeJoy temporarily paused the changes through the election.
The headquarters of the United States Postal Service (USPS) is seen in Washington, DC, August 18, … [+]
AFP via Getty Images
KEY FACTS
Washington is leading one lawsuit, which was filed Tuesday against the USPS, DeJoy and President Donald Trump and joined by Colorado, Connecticut, Illinois, Maryland, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Vermont, Virginia and Wisconsin.
Pennsylvania is leading a separate lawsuit with California, Delaware, Maine, Massachusetts and North Carolina, and New Jersey Attorney General Gurbir Grewal and New York AG Letitia James have also announced they will be suing.
The lawsuits take aim at recent changes by DeJoy that have resulted in widespread mail delays, arguing that the Postal Service acted illegally by implementing changes without the Postal Regulatory Commission’s approval and is impeding on state efforts to conduct “free and fair elections.”
DeJoy reversed at least some of the changes through the election “to avoid even the appearance of any impact on election mail”—releasing a statement minutes after the state lawsuits were announced—amid outrage over the potential impact of the changes on mail-in ballots and accusations of working with Trump to “sabotage” the election.
The AGs announced their intention to continue with the legal challenge after DeJoy’s statement came out: Pennsylvania Attorney General Josh Shapiro said in a statement to Forbes he would “continue to press our case through the legal process” to hold DeJoy accountable after the election, and Sarah Lovenheim, communications advisor to California AG Xavier Becerra, told Forbes, “We watch what the Administration does, not what it says.”
Democrats have criticized DeJoy’s statement for not going far enough and addressing whether current changes like removed equipment will be reversed; Shapiro noted the statement also “does not address the operational changes put in place in July at the heart of our lawsuit.”
Crucial Quote
“We put Trump and his hand-picked Postmaster General on notice, and it worked,” Massachusetts AG Maura Healey and Oregon AG Ellen Rosenblum, Co-Chairs of the Democratic Attorneys General Association, said in a statement. “But we won’t believe it until we see it. Without concrete action by DeJoy to undo the damage already done and prevent future problems, we are moving forward to hold the Trump Administration accountable.”
Chief Critic
DeJoy has long defended his changes to the USPS as necessary moves to address the “dire” financial situation at the agency, even as he has acknowledged the “unintended consequences.” When asked for comment Tuesday on the state-led lawsuits, USPS spokesman David Partenheimer directed Forbes to DeJoy’s statement temporarily reversing the changes, which reiterates his commitment to the changes even as he put them on pause. “I came to the Postal Service to make changes to secure the success of this organization and its long-term sustainability,” DeJoy said Tuesday. “I believe significant reforms are essential to that objective, and work toward those reforms will commence after the election.”
Key Background
The multistate legal challenge comes as criticism has sharply escalated regarding the USPS changes, spurring protests, investigations, voter-led lawsuits and lawmakers calling DeJoy to testify before both the House and Senate. Attorneys general had been criticizing DeJoy’s actions in recent days and suggesting that widespread legal action was coming before Tuesday’s announcement, with Maryland AG Brian Frosh tweeting Friday: “Trump sounds like he is planning to use USPS to sabotage the election. We will see him in court if he tries.” Though the attorneys general to sign on to the lawsuits announced Tuesday are all Democrats, DeJoy’s changes have also been opposed by Ohio Attorney General Dave Yost, a Republican, who wrote a letter to Trump asking for the changes to be reversed through the election, as DeJoy ultimately did. “Making the radical changes only weeks before early voting begins—however fiscally well founded—would place the solvency of the Post Office above the legitimacy of the Government itself,” Yost wrote.
Tangent
Iowa Attorney General Tom Miller, a Democrat, announced Tuesday that he is “very concerned” about the USPS changes and had wanted to join the legal challenge, but was blocked from doing so by Republican Gov. Kim Reynolds. The two officials reached an agreement in 2019 that requires the AG to ask Reynolds’ permission before joining multistate lawsuits.
Further Reading
At least 20 states plan to sue the Postal Service over service delays, threat to election (Washington Post)
Postmaster General Louis DeJoy Temporarily Reverses USPS Changes—But Democrats Push For More (Forbes)
Mail-In Voters Sue Trump, DeJoy Over Postal Service Changes Ahead Of Election (Forbes)
Democrats Investigate Whether Trump, DeJoy Violated Laws With USPS Actions (Forbes)
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