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Houston, TX commercial litigation attorney David Berg tells the story of how he sued alleging that the U. S. Postal Service was slowing down the delivery of mail-in ballots to voters. He explains that he wakes up on a Thursday and reads that the Postmaster General has instituted slow-down procedures that will make it extremely difficult to deliver mail-in ballots on time, collect them, and get them to election officials. It’s LA 2020, during the election. By Friday night, his team has already filed a lawsuit against Donald Trump, Louis DeJoy—the Postmaster General—and the U.S. Postal Service. They file the suit in the federal district court in D.C., and their case is assigned to Judge Sullivan.
He doesn’t seek favor; Judge Sullivan is one of the best judges he has ever appeared before, and he has argued before judges across the country. Sullivan issues a preliminary injunction against the Postal Service. Across the country, there are several similar injunctions, three or four in Sullivan’s court and another three or four elsewhere. His firm is not the only one taking action, but they believe their injunction, which effectively stops further slowdown procedures, has a major impact on ensuring mail-in ballots are delivered and counted.
He counts that moment—the preliminary injunction—as one of the happiest of his legal career. Appearing to argue the case again via Zoom adds an unexpected intimacy: he sees the federal judge walk away from the camera with his shirt tail out, a small humanizing detail that makes the experience unforgettable.
