Pennsylvania judge temporarily blocks USPS changes
Source: Philadelphia Inquirer
A federal judge in Pennsylvania granted a request on Monday to temporarily block additional operational changes to the U.S. Postal Service, citing that irreparable harm will result unless the agencys ability to operate is assured. Gerald McHugh, judge of the Eastern District of Pennsylvania, said Postmaster General Louis DeJoys changes to the agency that eliminated extra transportation and overtime, as well removed mail processing equipment, have slowed mail delivery, which poses a specific threat to states' abilities to conduct a fair election.
The Postal Services ability to fulfill its mission during a presidential election taking place in the midst of a public health crisis is vital, McHugh wrote in his 62-page remarks following last Thursdays three-hour hearing at Philadelphias federal courthouse. The record in this case strongly supports the conclusion that irreparable harm will result unless its ability to operate is assured.
Pennsylvania Attorney General Josh Shapiro led this lawsuit, which named DeJoy and Robert Duncan, chairman of the USPS board of governors, and was joined by Delaware, California, Washington D.C., Maine, Massachusetts, and North Carolina. Attorneys General from more than 20 states have sued DeJoy over the changes.
The order marks the fourth such federal court ruling this month. On Sept. 17, a Washington federal judge was the first to grant the injunction. Shortly after, on Sept. 21, a New York federal judge ruled the same. Both said that DeJoys changes to the agency were endangering election mail.
Read more: https://www.inquirer.com/news/pennsylvania/pennsylvania-usps-postal-service-philadelphia-josh-shapiro-20200928.html
Now on the 4th court order, although much of the damage has already been done.
FakeNoose
(32,560 posts)The US Postal Service can't get more machines in place before the election.
An invoice for all the damages needs to be sent to Louis DeJoy. However that won't get us through this crisis prior to the election.
BumRushDaShow
(128,390 posts)with anecdotal reports where there was equipment that had not been dismantled but that had been shoved to the side and/or unplugged and not yet surplussed or destroyed.
In fact a couple weeks after the story originally broke, some facilities apparently said f-it and plugged their machines back in. For example this -
Washington Postal Workers Defy USPS Orders And Reinstall Mail Sorting Machines
August 22, 2020
Postal workers in Washington State have reinstalled high-speed mail sorting machinesdismantled after controversial orders from the U.S. Postal Service despite USPS orders not to put machines back in use.
40 percent of the high-speed mail sorting machines in the Seattle-Tacoma area were disconnected or dismantled since the changes went into effect, according to NPR, with workers in the Tacoma, Washington sorting plant saying eight of their 18 machines that sort and postmark letters were disconnected and pushed into a corner.
Sorting machines in Wenatchee, Washington were also reconnected, against the orders of the Postal Services head of maintenance, Kevin Couch.
Only two facilities, Seattle-Tacoma and one in Dallas, seem to be ignoring the Postal Services directive to leave decommissioned sorting machines out of use.
https://www.postaltimes.com/postalnews/washington-postal-workers-defy-usps-orders-and-reinstall-mail-sorting-machines/
I wouldn't be surprised if others did the same (if/when possible) but it didn't make the news (they were keeping it "hush hush" ).
Indyfan53
(473 posts)It's the only way we can make sure our ballots are actually counted.
BumRushDaShow
(128,390 posts)and here in Philly, I don't even have a polling place identified yet (I keep checking daily).
I am waiting for my mail-in ballot. The counties in the state had to delay sending them out until the various court cases were settled, including thankfully kicking the Green Party off the ballot. Now that those are done, they have the go-ahead to start printing them and mailing out and preparing them for the in-person voting on November 3rd.
I had no problems with the mail-in voting process during the primary that we had here in June (delayed due to COVID-19 from the original April 28th date). And they will also have more drop-boxes for those mail-ins for those who do not want to actually send them through the mail.
DeminPennswoods
(15,265 posts)voting by absentee or mail for those states that use that method along with voting in person at a poll.
I'm sure you are like me and think of "early voting" only as going to an actual, physical poll to vote.
BumRushDaShow
(128,390 posts)"VOTE EARLY IN PERSON"
And that is not happening here in PA as you know, in a literal sense. It was something I had been bugging my State Senator about for several years during telephone Town Halls, which actually had me shocked when the state legislature suddenly moved on some type of voter reform by going even further with the "no excuse absentee ballot".
There is a large contingent on DU who is basically anti vote-by-mail "because USPS". I think most if not all states that do offer that option also offer drop boxes and other ways to drop off a mail-in ballot without it actually going through the mail. If anything, it would be cheaper for those locales that have "postage paid" envelopes as I understand that they don't get charged for the postage if it doesn't actually go through the mail system.
DeminPennswoods
(15,265 posts)PSPS
(13,577 posts)Ans, as I recall, he testified in his hearing that he would stop his destruction, yet it continued anyway.
BumRushDaShow
(128,390 posts)but the bigger issue seemed to also be the trucking schedule and drivers being told not to "wait" for mail to be loaded on the truck if the truck was say, scheduled to leave at 6:00 am, and they were still loading it. The driver was told to move out - even if the truck was empty. Also they were reducing or eliminating overtime to process mail to meet time frames, so that meant mail was backed up, and there were days where no deliveries were made because of the empty trucks and processing backlogs.
The OP's particular ruling came from a case brought by AGs for PA, DE, CA, D.C., ME, MA, and NC.
There was a ruling in a different case done by AGs for NY, NJ, WA, and HI yesterday (Sunday), and the below article includes mention of some apparent attempts at a "settlement" with states -
By Spencer S. Hsu
September 28, 2020 at 12:21 p.m. EDT
[snip]
Nevertheless, talks Friday were nearing a settlement between the Postal Service and 19 states and D.C. over handling of mailed ballots and the suspension of the postmaster generals cost-cutting backlogs. The Postal Service has retreated from the biggest changes. In court filings before Sundays opinion, the Justice Department said the agency had directed managers not to reduce overtime, cut retail hours, further close processing facilities or remove collection boxes and sorting equipment. The service also has said it will continue to apply first-class mail delivery standards to election mail regardless of the paid class and to dedicate additional process, transportation and delivery and collection trips for two weeks surrounding election day to accelerate the delivery of ballots.
Sullivan is also overseeing a related lawsuit brought in federal court in Washington by the NAACP, and a case brought by the Postal Services police union to undo an Aug. 25 decision limiting their jurisdiction to crimes on postal property. In Sundays preliminary injunction decision, Sullivan found that the service has removed 711 high-speed sorting machines around the country this year, a nearly 15 percent reduction in capacity, or about 30 million pieces of paper mail per hour.
Postal Service records indicate that on-time delivery of First-Class Mail began to decline in June, falling from roughly 90 to 94 percent to 82 percent in early August. Internal USPS documents link changes behind mail slowdowns to top executives. By August, the agency had removed at least 52 machines in New York state, 27 machines in New Jersey, seven in San Francisco and four machines in Hawaii, the plaintiffs alleged. In Hawaii, sorting capacity fell by a third, from 300,000 pieces of mail an hour to 200,000, while three towns in western New York Bowmansville, Depew and Lancaster that usually receive about 80,000 pieces of mail a day got none on July 11, they claimed. Similar disruptions occurred in New York and New Jersey in July and August, the suit argued.
In a preliminary injunction Monday, Sullivan again blocked any change to Postal Service delivery and trips, noting that on-time service scores have dropped in 91 percent of the country, according to the agency. As stated above, the burden the USPS policy changes place on Plaintiffs constitutional right to vote and have their vote counted is significant, the judge said. At risk is disenfranchisement in the November election of potentially hundreds of thousands of individuals.
https://www.washingtonpost.com/local/legal-issues/third-us-judge-bars-postal-service-delivery-cuts-before-november-presidential-election/2020/09/27/f151a66e-0060-11eb-9ceb-061d646d9c67_story.html
DeminPennswoods
(15,265 posts)do not match up. The former deputy Postmaster General who retired in July, iirc, said this during an interview on MSNBC. I inferred the schedules have never really synched up and the solution was to hold the trucks - not fix the schedules. Being retired federal civil service, that struck me as completely credible, fix the symptom, not the problem.
BumRushDaShow
(128,390 posts)Was able to get out just in time, literally a few weeks after the inauguration - 6 Presidents and all their whims.
And speaking of that... if someone doesn't pass a CR in the next couple days, then
DeminPennswoods
(15,265 posts)but we did the same thing, always fixing symptoms, but never the underlying problem. It made me crazy as I liked to ID and fix the root cause.
BumRushDaShow
(128,390 posts)All those Schedule Cs trying "reinvent the wheel" using the latest "business model". It literally was the mindset beautifully described by Weird Al, that was then force-fed into a government environment.
DeminPennswoods
(15,265 posts)So true