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Supreme Court to Review USPS Racial Discrimination Suit

The court will determine if intentional mail nondelivery due to racial bias falls outside federal immunity protections under the 1946 Federal Tort Claims Act.

A postal worker delivers mail in the University Farms neighborhood of West Lafayette, Ind., on Jan. 19, 2022.

Overview

  • The Supreme Court has agreed to hear the U.S. Postal Service's appeal in a case brought by Texas landlord Lebene Konan, who alleges racial discrimination in mail delivery.
  • Konan claims USPS employees intentionally withheld mail and altered property access because she is Black, causing financial and personal harm to her and her tenants.
  • The Fifth Circuit Court previously ruled that the FTCA's postal exception does not shield intentional refusal to deliver mail, allowing Konan's lawsuit to proceed.
  • The Justice Department warns that narrowing the FTCA's postal immunity could lead to an influx of lawsuits over mail delivery issues, potentially burdening the USPS.
  • Oral arguments are anticipated this fall, with a Supreme Court decision expected in 2026, potentially setting a significant legal precedent on federal liability for intentional misconduct.