Judge Gerald McHugh of the US District Court for the Eastern District of Pennsylvania issued a preliminary injunction Monday, enjoining the US Postal Service (USPS) from making service restrictions ahead of the November election.

Because of COVID-19, many states have sought to facilitate mail-in voting. A record number of voters are expected to vote by mail-in ballot this election. In July the USPS implemented new rules that restricted extra and late trips by trucks and letter carriers, as well as instituted overtime restrictions. This resulted in declining service performance, from about 92 percent in May to about 81 percent in August.

Six states and the District of Columbia brought suit to enjoin the changes. They claimed that the USPS unlawfully implemented the policy changes and exceeded its authority.

On Monday McHugh concluded that the plaintiffs were likely to succeed on the merits of their case. He wrote that, while the USPS has historically prioritized election mail, there was the question of whether that would continue to be the case. There were concerns about delays that were created by the July initiatives. Agencies and individuals suffered ongoing harm that could not be compensated through monetary funds, both economic and reputational injury. Postal delays interfere with an agency’s basic ability to administer programs.

Even though the USPS has an interest in efficiency, the court found that the public interest outweighed the USPS’s interest.

McHugh wrote:

The Postal Service is a critical agency that preceded the birth of the nation itself, one of a few agencies that the Constitution explicitly authorized. U.S. Const. art. I, § 8. Congress has described it as “a basic and fundamental service provided to the people by the Government of the United States.” … Its ability to fulfill its mission during a presidential election taking place in the midst of a public health crisis is vital. The record in this case strongly supports the conclusion that irreparable harm will result unless its ability to operate is assured. I will therefore grant injunctive relief.

McHugh issued a preliminary injunction, joining three other judges who have issued similar orders since September 17, including Judge Stanley Bastian of the Eastern District of Washington and US District Judge Marrero in Manhattan.