United States Postal Service v. Konan
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 Federal Tort Claims Act’s postal exception can occur as a result of the Postal Service’s intentional failure to deliver the mail.
Judgment
Vacated and remanded, 5-4, in an opinion by Clarence Thomas on Feb 24, 2026. Justice Sotomayor wrote a dissenting opinion, joined by Justices Kagan, Gorsuch, and Jackson.
Aug 23, 2024Application (24A200) to extend the time to file a petition for a writ of certiorari from September 2, 2024 to October 3, 2024, submitted to Justice Alito.
Aug 26, 2024Application (24A200) granted by Justice Alito extending the time to file until October 2, 2024.
Sep 27, 2024Petition for a writ of certiorari filed. (Response due October 28, 2024)Oct 9, 2024Motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.Oct 11, 2024Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024.
Nov 13, 2024Motion to extend the time to file a response from November 27, 2024 to December 27, 2024, submitted to The Clerk.Nov 15, 2024Motion to extend the time to file a response is granted and the time is further extended to and including December 27, 2024.
Dec 13, 2024Brief of respondent Lebene Konan in opposition filed.Mar 19, 2025DISTRIBUTED for Conference of 4/4/2025.
Mar 19, 2025Reply of petitioners United States Postal Service, et al. filed. (Distributed)Apr 14, 2025DISTRIBUTED for Conference of 4/17/2025.
Apr 21, 2025Petition GRANTED.
May 14, 2025Motion for an extension of time to file the briefs on the merits filed.May 16, 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 24, 2025. The time to file respondent's brief on the merits is extended to and including August 13, 2025.
Jun 5, 2025Motion to dispense with printing the joint appendix filed by petitioner United States Postal Service, et al.Jun 16, 2025Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Jun 24, 2025Brief of petitioners United States Postal Service, et al. filed.Aug 12, 2025SET FOR ARGUMENT on Wednesday, October 8, 2025.
Aug 13, 2025Brief of respondent Lebene Konan filed.Aug 14, 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
Aug 20, 2025Brief amicus curiae of APA Watch filed.Aug 20, 2025Brief amicus curiae of Taxpayers Protection Alliance filed.Aug 20, 2025Brief amicus curiae of Institute for Justice filed.Aug 22, 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Sep 2, 2025CIRCULATED
Sep 12, 2025Reply of petitioners United States Postal Service, et al. filed. (Distributed)Sep 15, 2025Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
Oct 8, 2025Argued. For petitioners: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Easha Anand, Menlo Park, Cal.
Feb 24, 2026Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan, Gorsuch, and Jackson, JJ., joined.
Mar 30, 2026Judgment Issued.Recommended Citation: United States Postal Service v. Konan, SCOTUSblog, https://www.scotusblog.com/cases/united-states-postal-service-v-konan/