USPS Says Timely Vote Delivery Isn’t a Constitutional Right

https://www.bloomberg.com/news/articles/2020-10-27/no-right-to-certain-service-level-for-mail-in-votes-u-s-says

Delivery delays during an election can’t be unlawful, because the Constitution doesn’t guarantee states any particular level of service when it comes to mail-in ballots, the U.S. Postal Service told a federal judge.

Postmaster General Louis DeJoy and President Donald Trump are seeking dismissal of a lawsuit brought by New York and other states that claim disruptive changes at the USPS over the summer are violating the Elections Clause of the Constitution by putting election mail at risk.

The Justice Department argued in a court filing Tuesday in Washington that the clause can’t restrict government agencies from carrying out operational changes or other activity that “may have an incidental impact” on voting.

The states’ theory “assumes that because the plaintiff states crafted their election laws with the expectation that USPS will provide a certain level of service, they now have a constitutional right to expect that level of service,” the U.S. said. The clause “does not shield states from any and all external circumstances that may impact state elections.”

Court Clash

The USPS was responding to an Oct. 19 letter to the court from New York Attorney General Letitia James, who argued the delays threaten the timely delivery of about 7 million ballots out of an estimated 80 million.

The changes, including the dismantling of hundreds of high-speed mail-sorting machines and cuts to overtime and late delivery trips, triggered several lawsuits and nationwide injunctions against the USPS.

Read More: Vote-by-Mail Window May Be Closed With Postal Service Still Slow

But the court orders haven’t reversed the service delays, and Republicans and Democrats have been left to clash in courts across the country over rules for accepting ballots that arrive late even if they’re postmarked by Nov. 3.

James said in her letter that it’s a violation of the Elections Clause “for the Postal Service to take actions that are intended to, and do, have the effect of hampering state election administration.”

As I was trying to read and clip quotes from the article at the link above I got cut off from the site claiming I had reached my limit of free articles and needed to subscribe.   So there is more at the Bloomberg link, if they let you read it.  Hugs

USPS Says You Have No Right To Timely Ballot Delivery

2 thoughts on “USPS Says Timely Vote Delivery Isn’t a Constitutional Right

  1. Nan October 28, 2020 / 12:20

    Does anyone else notice that all this hullabaloo related to the P.O. has never been a problem until Trump … and his fear of losing the election?

    Liked by 1 person

    • Scottie October 29, 2020 / 07:38

      Hello Nan. Yes it is very clear. Plus it seems clear that Dejoy and tRump are working off the same script with cues for each other. The thing is tRumps fear and shamelessly breaking the Postal Service to rig an election for himself has other consequences. Medications are late or never delivered. Hospitalizations are already being attributed to missed medications that never arrived due to slow mail. Also rent payments are late causing people to get extra fees or evicted, same with mortgages.

      A staple service of the US government depended on by the lower class has been destroyed for the benefit of the upper class. Everything tRump touches dies, or is destroyed. This follows the idea that government must only work for and serve the wealthy upper class, but never benefit the lower income class at all. McConnell said in some speech that people should not be dependant on government but be dependant on working for corporations. If you read the heritage foundation writings it is clear the class divide is really ingrained in these old time Republicans. They desire the public to be willing to work for and to accept whatever the employer chooses to give them or to work under any conditions just to survive. Hugs

      Liked by 1 person

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