Overview

• The Court heard arguments on Oct. 8 in U.S. Postal Service v. Konan, testing whether the FTCA’s postal exception blocks claims over alleged intentional refusals to deliver mail.
• Several justices questioned the government’s broad view of immunity, with Chief Justice John Roberts and Justice Elena Kagan noting that terms like “loss” typically suggest mistake rather than malfeasance.
• Justice Samuel Alito raised concerns about a wave of new lawsuits and higher costs, as the Justice Department warned intent is easy to allege and cited a tenant-directory lapse as its justification.
• Lebene Konan, who is Black, alleges a two-year campaign that withheld mail from her and her tenants despite more than 50 complaints and written assurances that delivery should occur.
• A Texas district court dismissed the case under the postal exception, the 5th Circuit reversed, and a Supreme Court decision is expected by the end of June 2026.