Overview
- Justices heard arguments Oct. 8 on whether the Federal Tort Claims Act’s postal exception covers intentional refusal to deliver mail.
- Several justices questioned the government’s broad reading of “loss” and “miscarriage,” noting those terms commonly suggest inadvertence.
- Others pressed about litigation risks, with the Justice Department warning a ruling for the plaintiff could quadruple USPS lawsuits given high complaint volumes.
- Plaintiff Lebene Konan alleges a two-year, racially motivated campaign of nondelivery, citing more than 50 complaints and written confirmations that mail should have been delivered.
- A Texas district court dismissed under the postal exception, the Fifth Circuit allowed the suit to proceed, and a Supreme Court decision is expected by early summer 2026.