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Norms Impact

Supreme Court rules the Postal Service can’t be sued, even when mail is intentionally not delivered

A 5–4 ruling extends immunity to intentional mail nondelivery, weakening the basic expectation that federal services remain accountable when officials act maliciously.

Judiciary

Feb 24, 2026

Sources

https://apnews.com/article/supreme-court-postal-service-missing-mail-7ce97a5b7d56373cdeaa6ecc9a9132f5

Summary

The Supreme Court ruled 5-4 that Americans cannot sue the U.S. Postal Service even when employees intentionally refuse to deliver mail. The decision expands sovereign-immunity protections to cover deliberate misconduct by federal mail carriers. The practical consequence is that people alleging targeted or discriminatory mail withholding are largely pushed out of court and left without a damages remedy.

Reality Check

This kind of immunity invites selective denial of a core public service with little fear of civil accountability, eroding our ability to vindicate basic rights when government actors target individuals. On these facts, the conduct alleged—deliberate, potentially racially motivated nondelivery—could implicate federal civil-rights crimes such as 18 U.S.C. § 242 if proven willful, but this ruling forecloses a key civil damages path against the Postal Service itself. Even when criminal prosecution is theoretically available, the loss of an accessible civil remedy normalizes impunity and weakens the everyday enforcement mechanisms that keep public power answerable to the people.

Detail

The Supreme Court ruled 5-4 against Texas landlord Lebene Konan, who alleged that her mail was intentionally withheld for two years and that racial prejudice played a role in postal employees’ actions. Justice Clarence Thomas wrote for five conservative justices that the federal law shielding the U.S. Postal Service from lawsuits over “missing, lost and undelivered” mail also covers “the intentional nondelivery of mail.”

Justice Sonia Sotomayor dissented, writing that although the protection against lawsuits is broad, it should not extend to situations where a decision not to deliver mail “was driven by malicious reasons.” Justice Neil Gorsuch joined Sotomayor and the other liberal justices in dissent.