Judicial Overreach Hobbles Postal Reform

Key decisions over how the agency fulfills its universal service obligation were largely left to postal leadership and Congress.

These allegations were made - and largely escaped judicial scrutiny - despite the fact that the USPS ordinarily removes thousands of collection boxes and sorting machines from circulation each year.

On September 17, 2020, Chief Judge Stanley A. Bastian of Washington's Eastern District declared that "Voter disenfranchisement" was at the "Heart of DeJoy's and the Postal Service's actions" and issued an injunction requiring a halt to operational changes.

Just a few days later, Southern District Judge Victor Marrero ruled similarly against the USPS. Judicial interference in federal agency decisions is hardly new or unwarranted.

The court has previously ruled that the USPS requires approval from the Postal Regulatory Commission for changes that have "Some meaningful impact of service" over a "Broad geographical area," but that elaboration opens up a broad range of changes such as the layout of post offices, rules on mailboxes, and collection box removal to regulatory scrutiny.

The court's broad language, along with the judiciary's recent forays into postal policy and limitations imposed by unions and lawmakers, makes it difficult for the agency to embrace any meaningful reform.

There are plenty of reform options, but meaningful change can only come if the agency gets a green light from the black robes.

https://townhall.com/columnists/rossmarchand/2021/10/09/judicial-overreach-hobbles-postal-reform-n2597101