Lawfare Archive: Election Anxieties and the U.S. Postal Service with Kevin Kosar and Anne Joseph O’Connell

This archived episode of The Lawfare Podcast from September 1, 2020, examines the political and legal storm surrounding the U.S. Postal Service during the 2020 election cycle, sparked by President Trump’s August 13th comments opposing supplemental funding for the Postal Service, which he claimed would enable universal mail-in voting. The episode features a deep dive by Kevin Kosar and Anne Joseph O’Connell into the factual, structural, and constitutional dimensions of the controversy. They clarify that the Postal Service is self-funding and not in a liquidity crisis, debunking fears of a mail-in voting collapse. Instead, they highlight that operational changes under new Postmaster General Louis DeJoy—such as reducing overtime and altering delivery schedules—caused measurable delays, fueling public anxiety. The discussion unpacks the Postal Service’s unique quasi-governmental structure, the lack of Senate confirmation for the PMG, and the broader issue of unfunded retiree health benefits that strain the agency’s finances. The episode also analyzes state attorneys general lawsuits alleging violations of administrative law and constitutional rights, while assessing the effectiveness of congressional oversight and the role of the Inspector General in ensuring transparency. Ultimately, the conversation underscores the tension between treating the Postal Service as a public utility essential to democracy and managing it as a self-sustaining entity under political pressure.