AG Ferguson: Washington Federal judge issues nationwide injunction blocking Postmaster General’s unlawful policies delaying mail

Bob Ferguson, Washington
state attorney general

A federal judge in Yakima, Wash., today granted Attorney General Bob Ferguson’s request to grant a nationwide injunction forcing the U.S. Postal Service to immediately halt drastic operational changes.

Judge Stanley A. Bastian issued a detailed written order Thursday afternoon September 17, 2020. In its motion for a preliminary injunction, Ferguson and the coalition of states asked the judge to order the Postal Service to:

• Immediately stop its “leave mail behind” policy, where postal trucks are required to leave at specified times, regardless if there is mail still to be loaded

• Continue its longstanding practice of treating all election mail as First Class mail, regardless of the paid postage

• Replace, reassemble or reconnect any removed mail-sorting machines that are needed to ensure timely processing and delivery of election mail

• Abide by Postmaster General Louis DeJoy’s public commitment to suspend the recent policy changes that have affected mail service until after the electionThe judge said his order would substantially follow the state’s motion.

“Today’s victory protects a critical institution for our country,” Ferguson said. “Americans can now confidently vote by mail and have their voices heard.”

Case background

Ferguson is leading a coalition of 14 states that filed a lawsuit over the changes to the Postal Service on Aug. 18, 2020. The coalition includes battleground states, including Michigan, Nevada and Wisconsin. 

The Postal Service changes, including eliminating or reducing staff overtime, halting outgoing mail processing at state distribution centers and removing critical mail sorting equipment, threaten the timely delivery of mail to millions of Americans who rely on the Postal Service for everything from medical prescriptions to ballots.

Ferguson’s lawsuit asserts that the postmaster general unlawfully implemented drastic changes to mail service, and seeks to stop the service reductions. 

Immediately after Ferguson filed his lawsuit, the postmaster general made public commitments that he would halt some — but not all — of those changes. Since that time, mail delays continue, and questions remain about what changes are still in effect.

The changes at the Postal Service come as President Donald Trump continues to claim without evidence that widespread vote-by-mail will lead to a fraudulent election. Washington state has allowed elections to be conducted completely by mail-in ballot since 2005, and mandated the practice statewide in 2011. The state has not experienced voter fraud at any significant level.

More information HERE