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Case Name NAACP v. USPS PB-DC-0014
Docket / Court 1:20-cv-02295 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Public Benefits / Government Services
Special Collection Healthy Elections COVID litigation tracker
Attorney Organization NAACP Legal Defense Fund
Case Summary
This is a case about whether the United States Postal Service's postal delivery and ballot service policy changes relevant to the 2020 presidential election were implemented in violation of federal law. In July 2020, Louis DeJoy became Postmaster General of the the United States Postal Service ( ... read more >
This is a case about whether the United States Postal Service's postal delivery and ballot service policy changes relevant to the 2020 presidential election were implemented in violation of federal law. In July 2020, Louis DeJoy became Postmaster General of the the United States Postal Service (USPS). DeJoy implemented new policies for USPS which reportedly resulted in a backlog of postal deliveries for all types of mail, including electoral ballots cast via mail.

On August 20, 2020, the the National Association for the Advancement of Colored People filed this suit in the U.S. District Court for the District of Columbia. The NAACP was represented by the NAACP Legal Defense Fund (a separate organization) and Public Citizen; it sued USPS and the Postmaster General, alleging violations of agency responsibilities under the applicable USPS statutes. The plaintiff sought an injunction to reverse the USPS's recent policies and ensure that ballots for the upcoming 2020 elections would not be delayed. On September 9, 2020, fourteen US Senators filed amicus briefs in support of the NAACP. Later that month, the US House of Representatives filed a similar amicus in support of the NAACP.

On October 10, 2020, District Judge Emmet G. Sullivan granted a preliminary injunction to the LDF, citing serious, immediate, and recurring harms to NAACP members and the organization itself should the injunction not be granted. 496 F. Supp. 3d 1. Later that month, the NAACP filed an emergency motion to enforce and monitor USPS's compliance with the preliminary injunction. This emergency motion was granted by Judge Sullivan on October 27 with explicit instructions that any USPS personnel informed of the July policy be informed that the policy had been rescinded, with further instructions that USPS inform its personnel that extra trips would be required to address the backlog of mail with special attention for electoral ballots.

On December 9, 2020, the USPS appealed the decision on the preliminary injunction to the D.C. Circuit Court of Appeals. On March 5, 2021, the NAACP filed an amended complaint addressing the delivery and handling of ballots in future elections. The appeal is currently pending in the D.C. Circuit and the case is ongoing in both the district and appellate court.

John Duffield - 06/03/2021


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
General
Government Services (specify)
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Ex Parte Young (Federal) or Bivens
Mandamus, 28 U.S.C. ยง 1361
Defendant(s) United States Postal Service
Plaintiff Description Plaintiff is the National Association for the Advancement of Colored People (NAACP), a non-profit advocacy organization that seeks to ensure political, educational, social, and economic equality of all persons and to eliminate race-based discrimination.
Indexed Lawyer Organizations NAACP Legal Defense Fund
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2020 - n/a
Filed 08/20/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Case: NAACP V. USPS
Legal Defense and Education Fund
Date: Aug. 20, 2020
By: Legal Defense and Education Fund
[ Detail ] [ External Link ]

Court Docket(s)
D.D.C.
06/02/2021
1:20-cv-02295-EGS
PB-DC-0014-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.D.C.
08/20/2020
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PB-DC-0014-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
09/09/2020
Brief of Members of Congress as Amici Curiae in Support of Plaintiff [ECF# 22]
PB-DC-0014-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
09/22/2020
Brief of U.S House of Representatives as Amicus Curiae in Support of the Plaintiff's Motion for Preliminary Injunction [ECF# 28]
PB-DC-0014-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
10/10/2020
Memorandum Opinion [ECF# 32] (496 F.Supp.3d 1)
PB-DC-0014-0002.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
03/05/2021
First Amended Complaint for Declaratory and Injunctive Relief [ECF# 149]
PB-DC-0014-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Sullivan, Emmet G. (D.D.C.) show/hide docs
PB-DC-0014-0002 | PB-DC-0014-9000
Plaintiff's Lawyers Cusick, John (New York) show/hide docs
PB-DC-0014-0001
Kleinman, Rachel Miriam (New York) show/hide docs
PB-DC-0014-0001
Lin-Luse, Monique N. (New York) show/hide docs
PB-DC-0014-0001
Morris, J Zachary (New York) show/hide docs
PB-DC-0014-0001
Seligman, Matthew A (District of Columbia) show/hide docs
PB-DC-0014-0001
Spital, Samuel (New York) show/hide docs
PB-DC-0014-0001 | PB-DC-0014-0005 | PB-DC-0014-9000
Zieve, Allison Marcy (District of Columbia) show/hide docs
PB-DC-0014-0001 | PB-DC-0014-0005 | PB-DC-0014-9000
Defendant's Lawyers Borson, Joseph Evan (District of Columbia) show/hide docs
PB-DC-0014-9000
Cholera, Kuntal (District of Columbia) show/hide docs
PB-DC-0014-9000
Robinson, John (District of Columbia) show/hide docs
PB-DC-0014-9000
Other Lawyers Anderson, Barrett J (California) show/hide docs
PB-DC-0014-0004
Columbus , Eric R. (District of Columbia) show/hide docs
PB-DC-0014-0004
Gershenson, Adam S (Massachusetts) show/hide docs
PB-DC-0014-0004
Gorod, Brianne J. (District of Columbia) show/hide docs
PB-DC-0014-0003 | PB-DC-0014-9000
Grogg, Adam Anderson (District of Columbia) show/hide docs
PB-DC-0014-0004
Hartnett, Kathleen R (California) show/hide docs
PB-DC-0014-0004
Letter, Douglas (District of Columbia) show/hide docs
PB-DC-0014-0004 | PB-DC-0014-9000
Prelogar, Elizabeth B (District of Columbia) show/hide docs
PB-DC-0014-0004
Schwartz, Jonathan B (District of Columbia) show/hide docs
PB-DC-0014-0004
Sisko, Zachary (Massachusetts) show/hide docs
PB-DC-0014-0004
Tatelman, Todd B. (District of Columbia) show/hide docs
PB-DC-0014-0004
Trafton, Liz A (Massachusetts) show/hide docs
PB-DC-0014-0004
Wydra, Elizabeth B. (District of Columbia) show/hide docs
PB-DC-0014-0003
Zolle, Dayna J (District of Columbia) show/hide docs
PB-DC-0014-0003

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