FOLLOW US

America February 24, 2026 3 mins read

Supreme Court Rules 5-4 That USPS Immune from Intentional Mail Delivery Failures Under FTCA Postal Exemption, Ends Texas Landlord’s Racial Harassment Suit

America ı By Rihem Akkouche

0 Comments

USPS Campaign Of Terror immunity

The U.S. Supreme Court ruled 5-4 Tuesday that the Federal Tort Claims Act's postal exemption shields the U.S. Postal Service from liability for intentional failures to deliver mail — even when alleged to be racially motivated — ending a Texas landlord's long-running suit claiming two USPS employees waged a "campaign of terror" against her properties.

Justice Clarence Thomas wrote for the majority that the exemption (28 U.S.C. §2680(b)) bars claims for "the loss, miscarriage, or negligent transmission" of mail, and the terms "loss" and "miscarriage" encompass intentional acts based on their broad public understanding when Congress enacted the FTCA in 1946.

"Both 'miscarriage' and 'loss' of mail under the postal exception can occur as a result of the Postal Service's intentional failure to deliver the mail," Thomas wrote. The court declined to decide whether all of plaintiff Lebene Konan's claims are barred, remanding for lower courts to apply the ruling.

Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, and Ketanji Brown Jackson dissented, with Sotomayor arguing the majority "transforms, rather than honors, the exception Congress enacted." The dissent contended the text/history exclude intentional misconduct from the exemption.

Konan, owner of multiple rental properties in a Fort Worth suburb, sued USPS in 2022, alleging two employees deliberately refused mail delivery for two years because she is a "successful African American woman." She claimed the carrier singled her out for discriminatory treatment, with a local postmaster's help, denying her "postal privileges accorded to white citizens" — driving away tenants and costing thousands in lost rent.

A Texas federal judge initially dismissed nuisance, tortious interference, conversion, and intentional infliction claims under the postal exemption. The Fifth Circuit reversed in January 2023, holding "no one intentionally loses something" and there can be no "miscarriage" without attempted carriage.

USPS sought Supreme Court review in September 2024, arguing the Fifth Circuit's narrow reading conflicted with the exemption's text and purpose.

The majority sided with USPS, finding intentional non-delivery fits "loss" and "miscarriage" — ending Konan's FTCA claims tied to delivery failures. The court left open whether any non-exempt claims survive.

Konan is represented by Easha Anand, Jeffrey L. Fisher, and Pamela S. Karlan of the Stanford Law School Supreme Court Litigation Clinic, plus Robert Clary. USPS is represented in-house by Thomas J. Marshall, Stephan J. Boardman, Nathan T. Solomon, Michael D. Weaver, and Joshua J. Hofer, plus D. John Sauer, Brett A. Shumate, Hashim M. Mooppan, Frederick Liu, and Urja Mittal of the Solicitor General's Office.

The decision broadens federal postal immunity for intentional acts, potentially limiting civil rights and tort claims against USPS for discriminatory or retaliatory delivery refusals — a significant win for government immunity in mail operations.

Previous Article

Trump Orders Release of UFO Files — Scientists Weigh In on What We Might Actually Learn About Aliens, UAPs and the Search for Life Beyond Earth

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America November 10, 2026 U.S. Soldier Arrested in U.K. in Russia Spy Investigation By – Michallie K Harrison
America November 10, 2026 Oil Giants Earn $25 Billion as Drivers Pay More By – Michallie K Harrison
America November 10, 2026 Colts agree to trade WR Josh Downs to Chiefs By – Rachel Moore
America November 10, 2026
Senior US Soldier Arrested by UK…

A senior member of the U.S. Army has been arrested…

By – Tyler Brooks
America November 10, 2026
Vitamin K Deficiency Bleeding: Why the…

A single injection administered in the first hours of life…

By – Tyler Brooks
America November 10, 2026
Texas Man Charged With Murder in…

A cruise vacation took a horrifying turn when a woman…

By – Tyler Brooks
America November 10, 2026
Pete Hegseth faces impending House impeachment…

U.S. Defense Secretary Pete Hegseth faces a potentially historic political…

By – Tyler Brooks
America November 10, 2026
Hulu Revisits California’s Speed Freak Killers…

Hulu is taking viewers back into one of California’s most…

By – Jackie Allen
America November 10, 2026
Infant Bleeding Surges as Vitamin K…

Infant bleeding rose as fewer newborns received vitamin K shots,…

By – Michallie K Harrison
America November 10, 2026
UGA Leads $8 Million Initiative to…

The University of Georgia (UGA) has received an $8 million…

By – Jackie Allen
America November 10, 2026
Hegseth Impeachment: A Defiant Fight to…

WASHINGTON — The Hegseth impeachment fight escalated Tuesday as the…

By – Michallie K Harrison
America November 10, 2026
Newsom Commutes All 548 California Death…

Gov. Gavin Newsom on Thursday, Nov. 5, announced he will…

By – Derek Johnson
America November 10, 2026
FBI Investigates Nvidia CEO Jensen Huang’s…

By Samuel López | USA Herald WASHINGTON — Nvidia CEO…

By – Samuel Lopez
America November 10, 2026
OpenAI Hit With Racketeering Lawsuit Over…

Behind the $20 Billion Deal Three Georgia residents accuse OpenAI…

By – Samuel Lopez
America November 9, 2026
Jasmyne Garcia  Beaten to Death  in…

MORGAN HILL, Calif. — Jasmyne Garcia, 34, was allegedly beaten…

By – Jackie Allen
America November 9, 2026
Hegseth Impeachment: 8 Charges Put the…

WASHINGTON — Rep. Thomas Massie renewed his Hegseth impeachment push…

By – Michallie K Harrison
America November 9, 2026
Natalee Holloway Case Returns to Spotlight…

  ARUBA — More than 20 years after Natalee Holloway…

By – Jackie Allen
America November 9, 2026
Jenson Huang Scandal: Nvidia Investigates CEO’s…

SAN FRANCISCO (AP) — Jenson Huang, the chief executive of…

By – Jackie Allen
America November 9, 2026
Trump Downplays Iran Strikes as U.S.…

WASHINGTON — President Donald Trump says major new Iran strikes…

By – Michallie K Harrison
America November 9, 2026
Russell Brand Sentenced to 10½ Years…

LONDON — Russell Brand was sentenced to 10 years and…

By – Michallie K Harrison
America November 9, 2026
Nvidia Probes Alleged Spy Operation Targeting…

WASHINGTON — Nvidia’s Jensen Huang investigation will examine reports that…

By – Michallie K Harrison
Breaking News November 10, 2026
Nvidia Opens Investigation Into CEO Jensen…

Nvidia's board has opened an investigation into reports that CEO…

By – Derek Johnson
America November 9, 2026
Chappelle’s Charlie Kirk Joke Tests Free…

Dave Chappelle’s Charlie Kirk joke has drawn angry responses from…

By – Michallie K Harrison
America November 8, 2026
JWST discovers 104 magnified stellar events…

Astronomers using NASA’s James Webb Space Telescope have identified 104…

By – Jackie Allen
America November 8, 2026
Artemis Program: NASA Seeks New Astronauts…

CAPE CANAVERAL, Fla. — NASA is recruiting a new generation…

By – Jackie Allen
America November 7, 2026
KPMG Settles – Agrees To Pay…

What the $224.5 Million Settlement Reveals KPMG agreed to a…

By – Samuel Lopez
America November 7, 2026
Mike Tyson And Ric Flair Score…

Inside the $50 Million Legal Battle A federal judge rejected…

By – Samuel Lopez
America November 6, 2026
Hackers Target French Blood Banks In…

By Samuel Lopez – USA Herald A cyberattack targeting blood-storage…

By – Samuel Lopez
America November 5, 2026
AI Flagged Bias in Trump Climate…

WASHINGTON — Researchers on a Trump climate panel asked Microsoft…

By – Michallie K Harrison
America November 5, 2026
Russell Brand Convicted of Rape, Taken…

LONDON — Russell Brand was convicted of rape and three…

By – Michallie K Harrison
America November 3, 2026
Supreme Court Takes Up Colorado Preschool…

What the Justices Must Decide Colorado says every publicly funded…

By – Samuel Lopez
America November 2, 2026
California Botox Doctor Gets 15 Years…

What the Medicare Records Revealed A California doctor billed more…

By – Samuel Lopez
America October 31, 2026
A New 2026 Twin Study Revives…

Three Takeaways Identical twins and triplets were separated through adoption…

By – Samuel Lopez
America November 5, 2026
Dallas Cowboys Face  Crisis After Crushing…

By Jackie Allen | USA Herald The Dallas Cowboys are…

By – Jackie Allen
America November 4, 2026
WNBA: DeWanna Bonner Makes Emotional Admission…

ATLANTA — The WNBA Finals ended in heartbreak for the…

By – Jackie Allen
America November 4, 2026
Inés Gómez Mont Arrested by ICE…

MIAMI —  Inés Gómez Mont, a former television personality who…

By – Jackie Allen
America October 31, 2026
Bill Belichick and Jordon Hudson Reportedly End…

Bill Belichick and Jordon Hudson reportedly ended their romantic relationship…

By – Jackie Allen
America October 29, 2026
Brewers Beat Rays to Win First…

ST. PETERSBURG, Fla. — The Milwaukee Brewers won their first…

By – Michallie K Harrison
America October 23, 2026
Connor Hellebuyck Traded to New Jersey…

The New Jersey Devils have made a major move to…

By – Tyler Brooks

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter