More Executive Power... Yay?

Varun Mekala

The U.S. Supreme Court is currently considering a case that could significantly impact how far federal immunity goes when it comes to essential government services. In United States Postal Service v. Konan, a Texas property owner, Lebene Konan, alleges that postal workers intentionally refused to deliver mail to two rental properties she owns — and that this misconduct was racially motivated. She filed a lawsuit under the Federal Tort Claims Act (FTCA), which generally allows citizens to sue the federal government for certain types of wrongful actions by federal employees.

However, the FTCA has a built-in “postal exception” that bans claims arising from “the loss, miscarriage, or negligent transmission of mail.” The key question in this case is whether that exception also applies when USPS employees intentionally choose not to deliver mail — or whether such behavior falls outside the exception, allowing the lawsuit to move forward.

A federal district court dismissed Konan’s claims, but the Fifth Circuit Court of Appeals revived part of the case. The appeals court reasoned that the statutory language covers negligent or accidental mail issues — not deliberate refusals to deliver. Since the mail was never delivered at all, and the alleged behavior was intentional, the court said Konan’s claims could proceed.

The USPS, on the other hand, argues that even intentional nondelivery should fall under the postal exception, warning that if the Court rules against it, the agency could face a wave of costly lawsuits. Konan and her legal team argue that without the ability to sue, there would be no way to hold government workers accountable for misconduct — especially in cases involving racial discrimination or abuse of power.

Oral arguments were held in October 2025, and a decision is expected by summer 2026. The ruling could reshape the boundaries of government immunity, clarifying whether federal agencies like the USPS can be held legally responsible for intentional acts that deny citizens basic public services. While the case may revolve around mail delivery, the broader stakes are about fairness, accountability, and the right to seek justice when federal employees cross the line.

I expect a 5-4 vote in favor of Konan. I believe the majority will be Chief Justice Roberts and Justices Gorsuch, Kavanaugh, Barrett, and Thomas while the dissent would be Justices Alito, Kagan, Sotomayor, and Jackson.