Postal Service v. Konan | Case No. 24-351 | Oral Argument Date: 10/8/25 | Opinion Date: 2/24/26

Overview

Today we break down the February 24, 2026 Supreme Court opinion in United States Postal Service versus Konan. In a 5-4 decision, the Court ruled that the postal exception to the Federal Tort Claims Act shields the government even when postal workers deliberately refuse to deliver your mail—not just when they mess up accidentally.

Justice Thomas wrote for the majority. Justice Sotomayor fired back with a sharp dissent, accusing the majority of handing the Postal Service blanket immunity that Congress never intended to give.

Link to Docket: Here

Case Preview: Here

Question Presented: Whether a plaintiff can sue the postal service for intentional mail nondelivery where the statute at issue (the Federal Tort Claims Act) permits lawsuits for "loss", "miscarriage", and "negligent transmission".

Holding: The United States retains sovereign immunity for claims arising out of the intentional nondelivery of mail because both “miscarriage” and “loss” of mail under the FTCA’s postal exception can occur as a result of the Postal Service’s intentional failure to deliver the mail.

Result: Vacated.

Voting Breakdown: 5-4. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Kavanaugh, and Barrett joined. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan, Gorsuch, and Jackson joined.

Link to Opinion: Here.

Oral Advocates:

1. For Petitioner: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
2. For Respondent: Easha Anand, Menlo Park, Ca.