Communication

Supreme Court: US Postal Service Can't Be Sued for Intentional Nondelivery

Is the USPS essential public infrastructure or an inefficient money pit that should be privatized?

Published FEB 25

Supreme Court: US Postal Service Can't Be Sued for Intentional Nondelivery

Story

Above: The U.S. Postal Service flag at the Washington Main Office in Washington, D.C., on March 23, 2025. Image credit: Al Drago/Bloomberg/Getty Images

The Facts

The Supreme Court ruled 5-4 on Tuesday that the U.S. Postal Service can't be sued for intentionally failing to deliver mail. Justice Clarence Thomas authored the majority opinion for Chief Justice John Roberts and three other justices.
Newsmax
The Washington Examiner
The case involved Texas landlord Lebene Konan, who alleged that postal workers in Euless withheld mail from her two rental properties for around two years. Konan claimed the mailbox key was changed without her knowledge.
Las Vegas Review
NBC4 Washington
The majority ruled that the Federal Tort Claims Act's postal exception, which bars claims arising from "loss, miscarriage, or negligent transmission" of mail, applies even to intentional nondelivery.
FOX News
inquirer.com
Justice Sonia Sotomayor wrote the dissent, joined by Justices Elena Kagan, Ketanji Brown Jackson and Neil Gorsuch. Sotomayor argued the postal exception was not meant to cover intentional misconduct driven by malicious reasons.
Newsmax
Los Angeles Times
The Trump administration warned that ruling for Konan would lead to a flood of lawsuits against the cash-strapped service. Thomas noted that given the frequency of postal worker-citizen interactions, lawsuits would be burdensome.
CNN
Breitbart
The decision reversed the Fifth Circuit Court of Appeals ruling that the postal exception did not apply to intentional acts. The Supreme Court vacated the ruling and returned the case without deciding if all of Konan's claims are barred.
AlterNet
FOX News

Sources Split

LEFT

CENTER

RIGHT

ESTAB
CRIT

CENTER

PRO
ESTAB

The Spin

Narrative A

Sovereign immunity protects the Postal Service from lawsuits even when mail is intentionally withheld, and that's exactly how it should work. The USPS serves as critical public infrastructure with a 250-year universal service obligation, ensuring every American has access to affordable postal services regardless of location. Rural small businesses depend on nearby post offices for shipping, P.O. boxes and certified mail in ways that private carriers charging $20 surcharges simply cannot replace.

Federal News Network

BigMyKJay on X

Narrative B

The Postal Service has become an inefficient money pit that wastes taxpayer dollars through mismanagement and outdated operations. Packages take absurd detours, adding thousands of unnecessary miles, while the USPS subsidizes big companies like Amazon at rock-bottom rates, then gouges regular citizens with excessive fees. Cutting service to once weekly with opt-in paid subscriptions would eliminate junk mail, while private carriers like UPS and FedEx already handle delivery far more efficiently.