Supreme Court bars suits against the Postal Service, even for intentional failure to deliver mail

WASHINGTON  — The Supreme Court ruled Tuesday the U.S. Postal Service is shielded from being sued even if its employees intentionally fail to deliver the mail.

In a 5-4 decision, the court said Congress in 1946 had barred lawsuits “arising out of the loss, miscarriage, or negligent transmission of letters or postal matter,” and that includes mail that is stolen or misdirected by postal employees.

Justice Clarence Thomas, writing for the court, said the law broadly bars complaints involving lost or missing mail.

“A ‘miscarriage of mail’ includes failure of the mail to arrive at its intended destination, regardless of the carrier’s intent or where the mail goes instead,” he said.

The ruliing is a setback but not a final defeat for Lebene Konan, a Texas real estate agent who is Black. She had sued contending white postal carriers refused to deliver her mail to two houses where she rented rooms.

She did not live at either property but said she stayed there “from time to time.”

She first complained to the post office in Euless, Texas, after she learned the mail carrier had changed the listed owner on a central postal box from Konan’s name to a tenant’s name.

After two years of frustration, she sued the United States in 2022 alleging the Postal Service had intentionally and wrongly withheld her mail. She sought damages for emotional distress, a loss of rental income and for racial discrimination.

Her claim of racial bias was dismissed by a federal judge and a U.S. appeals court and did not figure in the Supreme Court’s decision.

However, the 5th Circuit Court ruled she could go forward with her suit alleging she was a victim of intentional misconduct on the part of postal employees.

The Biden and Trump administrations urged the court to hear the case and to reject lawsuits against the Postal Service based on claims of intentional wrongdoing.

They said the 5th Circuit’s ruling could “open the floodgates of litigation.” They noted the Postal Service delivers about 113 billion pieces of mail per year and receives about 335,000 complaints over lost mail and other matters.

“We hold that the postal exception covers suits against the United States for the intentional nondelivery of mail,” Thomas said. “We do not decide whether all of Konan’s claims are barred.”

Joining Thomas to limit lawsuits against the Postal Service were Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr., Brett M. Kavanaugh and Amy Coney Barrett.

In dissent, Justice Sonia Sotomayor said the law refers to a “loss” or “miscarriage” of the mail, which suggests negligence.

“Today, the court holds that one exception — the postal exception — prevents individuals from recovering for injuries based on a postal employee’s intentional misconduct, including when an employee maliciously withholds their mail,” Sotomayor wrote.

Joining her were Justices Elena Kagan, Neil M. Gorsuch and Ketanji Brown Jackson.