Supreme Court shields Postal Service from lawsuits over intentionally undelivered mail

Newsletters Morning Report 12:30 Report Evening Report Business Defense Health Care Technology Newsletter Energy & Environment Whole Hog Politics The Gavel The Movement

Technology Newsletter

NEWS Senate House Administration Courts Future America Media Campaign News Education In The Know Latino LGBTQ DC News Race & Politics State Watch Print Edition People in the News

POLICY Defense Health Care Energy & Environment Technology Transportation International Cybersecurity National Security Space Sustainability

BUSINESS Budget Taxes Personal Finance Lobbying

OPINION Columnists Congress Blog All Contributors Opinions – Campaign Opinions – Civil Rights Opinions – Criminal Justice Opinions – Cybersecurity Opinions – Education Opinions – Energy and Environment Opinions – Finance Opinions – Healthcare Opinions – Immigration Opinions – International Opinions – Judiciary Opinions – National Security Opinions – Technology Opinions – White House Submit Opinion Content

All Contributors Opinions – Campaign Opinions – Civil Rights Opinions – Criminal Justice Opinions – Cybersecurity Opinions – Education Opinions – Energy and Environment Opinions – Finance Opinions – Healthcare Opinions – Immigration Opinions – International Opinions – Judiciary Opinions – National Security Opinions – Technology Opinions – White House

Opinions – Civil Rights

Opinions – Criminal Justice

Opinions – Cybersecurity

Opinions – Energy and Environment

Opinions – Healthcare

Opinions – Immigration

Opinions – International

Opinions – National Security

Opinions – Technology

Opinions – White House

Submit Opinion Content

EVENTS Upcoming Events About

Live updates: State of the Union

Content from Google Cloud

FedEx sues for Trump tariffs refund Business | 1 minute ago

Supreme Court shields Postal Service from lawsuits over intentionally undelivered mail Court Battles | 3 minutes ago

De Niro: Trump ‘will never leave’ In The Know | 5 minutes ago

Opinion Trump’s moral flexibility on Iran isn’t an asset — it’s a vulnerability Opinions - International | 6 minutes ago

Wall Street Journal: ‘Smart play’ would have been for Trump to forgo, pause new tariffs Media | 15 minutes ago

Former FBI official: Patel Olympics appearance sends ‘horrible’ message to rank and file Administration | 23 minutes ago

Trump says State of the Union will be ‘long speech’: What’s the record? Administration | 24 minutes ago

Live updates: Trump ready to tout busy first year in State of the Union Administration | 29 minutes ago

Supreme Court shields Postal Service from lawsuits over intentionally undelivered mail

The Supreme Court on Monday said that the U.S. Postal Service may not be sued for intentionally failing to deliver the mail, ruling against a Black landlord who claims her carriers racially discriminated against her.

The justices ruled 5-4 that an exception for mail issues carved out of the statute allowing certain damages lawsuits against the government by Congress covers acts alleged to be deliberate.

It reverses a lower court ruling allowing Lebene Konan to seek damages over at least some claims in her lawsuit alleging the Postal Service refused to deliver mail to two addresses she leased as part of a “racially motivated harassment campaign.”

Justice Clarence Thomas wrote for the majority that, even when postal workers intentionally fail to deliver the mail, the United States retains its sovereign immunity.

“Given the frequency of postal workers’ interactions with citizens, those suits would arise so often that they would create a significant burden for the Government and the courts,” he wrote.

Justice Sonia Sotomayor wrote a dissenting opinion joined by her liberal colleagues, Justices Elena Kagan and Ketanji Brown Jackson, and conservative Neil Gorsuch.

Konan sued the Postal Service under the Federal Tort Claims Act (FTCA), which allows damages lawsuits against the U.S. for certain negligent acts by government employees.

She claimed that two Postal Service employees made it “impossible” for her or her tenants in Euless, Texas, to receive their mail “solely because she is Black.”

However, the statute carves out a “postal exception,” leaving the government’s immunity from such suits intact for claims “arising out of the loss, miscarriage or negligent transmission of letters or postal matter.”

A district court sided with the government, dismissing Konan’s case, but the U.S. Court of Appeals for the 5th Circuit revived it in part after finding that the case does not fall under the postal exception because the acts were intentional.

“There was no ‘loss’ of mail because the mail was not destroyed or misplaced by unintentional action. Likewise, there was no ‘miscarriage’ because there was no attempt at a carriage. Finally, the postal workers’ actions were intentional and thus cannot constitute a ‘negligent transmission,’” wrote Judge Dana Douglas, an appointee of former President Biden, for the unanimous panel.

The Justice Department had argued that Congress put the exception in place to protect mail delivery from “disruptive litigation” and covers claims like Konan’s.

But Konan’s attorneys said the exception was meant to bar lawsuits stemming from mail issues less consequential than hers, like glassware shattering during shipping or a belated birthday gift.

The Postal Service workers allegedly changed the designated owner of one of Konan’s properties to a white tenant, changing the mailbox lock so only the white tenant could access it. She said it cost her thousands of dollars in rental income when tenants moved out after failing to receive critical mail, from bills and credit card statements to medications.

“This case couldn’t be more different,” Robert Clary, her lawyer, wrote in a brief to the justices.

The Supreme Court did not decide whether all of Konan’s claims are barred by the postal exception but vacated the lower decision and sent the case back for further consideration.

More Court Battles News

Gorsuch takes aim at fellow Supreme Court justices in tariff decision

Hegseth says he’ll order random pizzas to throw off monitoring app

France bars US ambassador Kushner from meeting government officials

White House plays hardball with Democrats over DHS shutdown

Democratic leaders scrambling to prevent repeat of last year’s rowdy State of ...

Here’s how Trump’s polling has changed since last year

GOP set for internal battle over Supreme Court tariff ruling

Senate Democrat: Trump has ‘no intention of following’ Constitution on ...

Republicans eye opening for DHS deal this week as Democrats double down

Democrats prepare to protest Trump State of the Union: What to know

GOP members call on Tony Gonzales to resign over alleged affair

State Department receives hundreds of calls on 24/7 crisis hotline for US ...

Trump puts Iran’s leader in double bind: Capitulation or risk of war

Former FBI official: Patel Olympics appearance sends ‘horrible’ message to ...

Senate Democrats unveil Trump tariffs refund legislation

Texas GOP Senate candidate: ‘It’s time for the next generation of American ...

US imposes 10 percent tariff after Trump promises 15 percent rate

Live updates: Trump ready to tout busy first year in State of the Union

The Hill Podcasts – Morning Report

2024 Election Results

2024 Election Forecast

Regulation - Administration

Energy & Environment Video Clips

Health Care Video Clips

Technology Video Clips

Transportation Video Clips

International Video Clips

Cybersecurity Video Clips

National Security Video Clips

Contributors to The Hill

Submit Opinion Content

Advertise with Nexstar

Journalistic Integrity

THE HILL 400 N CAPITOL STREET NW, SUITE 650 WASHINGTON DC 20002

Provided by Nexstar Media Group, Inc.

By clicking on any of the sign up options below, you confirm that you have read and agree to our Terms of Use, which includes a jury trial waiver and class action waiver, and that you have read our Privacy Policy detailing our collection, use and sharing of your personal information.

The Hill is provided by Nexstar Media Group, Inc., and uses the My Nexstar sign-in, which works across our media network.

Learn more at nexstar.tv/privacy-policy.

The Hill is provided by Nexstar Media Group, Inc., and uses the My Nexstar sign-in, which works across our media network.

Nexstar Media Group, Inc. is a leading, diversified media company that produces and distributes engaging local and national news, sports, and entertainment content across its television and digital platforms. The My Nexstar sign-in works across the Nexstar network—including The CW, NewsNation, The Hill, and more. Learn more at nexstar.tv/privacy-policy.

Provided by Nexstar Media Group, Inc.

Check your email inbox

Provided by Nexstar Media Group, Inc.

Thanks for registering!

Provided by Nexstar Media Group, Inc.

Are you sure you want to log out?

© The Hill

visit website