In a narrow 5-4 decision, the Supreme Court ruled Tuesday that Americans cannot sue the U.S. Postal Service for failing to deliver mail, even when the nondelivery is alleged to be deliberate.
The ruling came in a case brought by Texas landlord Lebene Konan, who claimed postal employees intentionally withheld her mail for two years. Konan, who is Black, alleged that racial bias motivated the actions.
Writing for the majority, Justice Clarence Thomas said federal law broadly protects the Postal Service from lawsuits involving missing, lost, or undelivered mail — and that protection includes “the intentional nondelivery of mail.”
In a dissenting opinion, Justice Sonia Sotomayor argued that while the legal shield is expansive, it should not apply when mail is withheld for “malicious reasons.” Justice Neil Gorsuch joined Sotomayor and the court’s other liberal justices in dissent.
The case drew attention from President Donald Trump’s Republican administration, which warned that siding with Konan could trigger a wave of lawsuits against the financially struggling Postal Service.
Konan, a real estate and insurance agent, alleged that two employees at a post office in Euless, Texas, part of the Dallas-Fort Worth area, deliberately stopped delivering mail to her and her tenants because they objected to her owning multiple properties and, she claimed, because of her race.
Court documents state the dispute began when Konan discovered that the mailbox key to one of her rental properties had been changed without her knowledge, preventing her from accessing tenants’ mail. When she contacted the local post office, she was told she would not receive a new key or regular delivery until she proved ownership of the property. Although she provided proof, delivery issues persisted — even after the USPS inspector general directed that the mail be delivered.
Konan alleged that some mail was marked “undeliverable” or “return to sender.” She and her tenants reportedly missed critical items, including bills, medications, and car titles. She also claimed lost rental income after some tenants moved out due to the disruption.
After filing numerous complaints with postal officials, Konan sued under the Federal Tort Claims Act of 1946, which permits certain lawsuits against the federal government. The central question before the court was whether a special exemption shielding the Postal Service from liability applied even in cases of alleged intentional misconduct.
