ALLIANCE OF NONPROFIT MAILERS v. POSTAL REG. COM'N

Nos. 14-1009, 14-1010.

790 F.3d 186 (2015)

ALLIANCE OF NONPROFIT MAILERS, et al., Petitioners, v. POSTAL REGULATORY COMMISSION, Respondent, American Forest & Paper Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 2015.


Attorney(s) appearing for the Case

Paul D. Clement argued the cause for petitioner United States Postal Service. With him on the briefs were Jeffrey M. Harris , Barbara A. Smith , and David C. Belt , Attorney, U.S. Postal Service. Stephen T. Boardman , Attorney, entered an appearance.

David M. Levy argued the cause for petitioner Mailer Petitioners and Supporting Intervenors. With him on the briefs were Matthew D. Field , John F. Cooney , David F. Stover , William B. Baker , Matthew D. Field , Ian D. Volner , James E. Anderson , Tonda Rush , Donna Hanbery , William J. Olson , Jeremiah L. Morgan , John S. Miles , and Keith Kupferschmid.

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Stuart F. Delery , Assistant Attorney General, Michael S. Raab , Attorney, David A. Trissell , General Counsel, Postal Regulatory Commission, R. Brian Corcoran , Deputy General Counsel, Richard A. Oliver , Robert N. Sidman , and Anne J. Siarnacki , Attorneys.

Opinion for the Court filed by Circuit Judge MILLETT.


"Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds."1 But a bad economy might. Or so the Postal Service worried when the recent recession caused mail volumes — and thus Postal Service income — to plummet precipitously...

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