The Supreme Court has ruled that Americans cannot sue the US Postal Service over undelivered mail, even if it is allegedly withheld on purpose. In a 5-4 decision, the justices held that the federal government’s sovereign immunity protects the agency from such claims. Writing for the majority, Justice Clarence Thomas said the Federal Tort Claims Act preserves immunity for cases involving the “loss” or “miscarriage” of mail. Thomas wrote that the US “enjoys enjoys sovereign immunity” and “cannot be sued without its consent.” He added that a “miscarriage of mail” includes mail that fails to reach its destination, regardless of intent. The case, US Postal Service v. Konan, stemmed from a lawsuit filed by Texas landlord Lebene Konan. She alleged that postal workers in Euless intentionally withheld mail addressed to her and her tenants, claiming the actions were motivated by racial bias. Justice Sonia Sotomayor, who dissented, argued that the law was designed to cover negligent errors, not deliberate misconduct. Justice Neil Gorsuch joined the court’s three liberal justices in dissent. The decision reinforces the limits on when individuals can sue the federal government over mail-related disputes.
Congress is holding a March 17 oversight hearing on the postal service, and officials are expected to ask for permission to borrow billions of dollars to keep operating in 2027.
