UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF NEW YORK, et al., Plaintiffs, v. No. 20-cv-2340(EGS) DONALD J. TRUMP, in his official capacity as President of the United States, et al., Defendants. MEMORANDUM OPINION I. Introduction Plaintiffs, the States of New York, Hawaii, and New Jersey; the City of New York; and the City and County of San Francisco filed this lawsuit against Defendants Donald J. Trump, in his official capacity as President of the United States; Louis DeJoy (“Mr. DeJoy”), in his official capacity as Postmaster General of the United States; and the United States Postal Service (“USPS” or (“Postal Service”) alleging the following claims: (1) Ultra Vires Agency Action—Postal Accountability and Enhancement Act; (2) Ultra Vires Agency Action—Postal Reorganization Act; and (3) violation of the Elections Clause of the United States Constitution. Plaintiffs seek a preliminary injunction with regard to their Postal Accountability and Enhancement Act claim. Upon consideration of the Plaintiffs’ motion, the response, and 1 reply thereto, the applicable law, and the entire record, the Court GRANTS Plaintiffs’ motion. II. Background A. Statutory and Regulatory Framework In the Postal Reorganization Act (“PRA”), Public Law 91-375, 84 Stat. 719 (Aug. 12, 1970), Congress replaced the Post Office Department with the United States Postal Service as “an independent establishment of the executive branch of the Government of the United States, under the direction of a Board of Governors, with the Postmaster General as its chief executive officer.” 39 C.F.R. § 1.1. The PRA also created an independent oversight body for the USPS, the Postal Rate Commission. 39 U.S.C. § 501. Congress passed the PRA to “[i]nsulate” the management of the USPS “from partisan politics . . . by having the Postmaster General responsible to the [Postal Rate] Commission, which represents the public interest only, for his conduct of the affairs of the Postal Service.” H.R. Rep. No. 91-1104, 3660-61 (1970). In the Postal Accountability and Enhancement Act (“PAEA”), Pub. L. No. 109-435, 120 Stat. 3198 (Dec. 20, 2006) (codified at 39 U.S.C. § 3600 et seq.), Congress replaced the Postal Rate Commission with the Postal Regulatory Commission (“PRC” or “Commission”) and “strengthened its role.” Carlson v. Postal Regul. Comm’n, 938 F.3d 337, 340 (D.C. Cir. 2019). 2 The USPS is responsible for “develop[ing] and promot[ing] adequate and efficient postal services.” 39 U.S.C. § 3661(a). “When the Postal Service determines that there should be a change in the nature of postal services [that] will generally affect service on a nationwide or substantially nationwide basis,” it must “submit a proposal, within a reasonable time prior to the effective date of such proposal, to the Postal Regulatory Commission requesting an advisory opinion on the change.” Id. § 3661(b). This provision was enacted in the PRA, and the only change made in the PAEA was to replace the original “Postal Rate Commission” with the “Postal Regulatory Commission.” Following the submission of a proposal, “[t]he Commission shall not issue its opinion on any proposal until an opportunity for hearing on ...
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