Stacks of boxes mail are seen at the U.S. Post Office (Justin Sullivan/Getty

The U.S. Postal Service (USPS) argued that there is no “constitutional right” to timely mail delivery after its own data showed that on-time delivery times had plummeted ahead of Election Day.

The Department of Justice, which is defending the USPS in a lawsuit brought by New York and other states over changes ordered by Postmaster General Louis DeJoy, a top donor to President Donald Trump, argued that the mail slowdown cannot be unlawful because there is no guarantee in the Constitution of timely mail delivery, Bloomberg News reported.

The states’ argument “assumes that because the plaintiff states crafted their election laws with the expectation that USPS will provide a certain level of service, they now have a constitutional right to expect that level of service,” the DOJ said in a court filing, adding that the Elections Clause of the Constitution “does not shield states from any and all external circumstances that may impact state elections.”

The filing came after New York Attorney General Letitia James warned that the USPS slowdown […]

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