We’re guessing that Constitutional “originalist” Justice Coathanger gives this story a thumbs-up:
“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.
I’m guess that conspiring before the fact to commit mail fraud and election fraud might get in the way of that novel criminal theory, but what do I know?
Related?
Postal Service awards $5 million contract to Postmaster DeJoy’s former company, XPO
The article carefully notes that the Postmaster Grifter, er, General DeJoy still owns an interest in XPO, so you know, nothing to see here.
Truth, Justice and the American Way can only be found in comic books these days.
LikeLiked by 2 people
Where is Cap when we need him the most?
LikeLiked by 2 people
“The Constitution only mentions creating a Postal Service…is says nothing about delivering ballots.” Ah hell Justice Kegstand could probably find half a sentence in some legal article that would support him ruling that mail in ballots aren’t really “mail”.
Like he did in his ruling on Wisconsin
Bush v Gore has been weaponized.
LikeLiked by 4 people
BDR – Fun Fact: Brat Kavanaugh was FOR delaying the count long before he was against it. In 2000, he was on the legal team that argued for Bush in front of the FL State Supremes, that ballots postmarked properly had to be processed by the deadline, which I believe was a week. Of course, that got shut down by Jeb when it looked like it was gonna backfire, and give the win to Gore, which is when it got “kicked upstairs,” and heard in an emergency session by the SCOTUS.
And just two weeks ago, he voted to accept PA’s plea to give ballots extra time to be counted, as long as they were postmarked by the deadline.
LikeLiked by 3 people