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United States Postal Service v. Konan

Docket No. Op. BelowArgument Opinion Vote Author Term
24-351 5th Cir. Oct 8, 2025 Feb 24, 2026 5-4 Thomas OT 2025

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 Justice Thomas on February 24, 2026. Justice Sotomayor wrote a dissenting opinion, joined by Justices Kagan, Gorsuch, and Jackson.

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DateProceedings and Orders (key to color coding)
08/23/2024Application (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.
08/26/2024Application (24A200) granted by Justice Alito extending the time to file until October 2, 2024.
09/27/2024Petition for a writ of certiorari filed. (Response due October 28, 2024)
10/09/2024Motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.
10/11/2024Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024.
11/13/2024Motion to extend the time to file a response from November 27, 2024 to December 27, 2024, submitted to The Clerk.
11/15/2024Motion to extend the time to file a response is granted and the time is further extended to and including December 27, 2024.
12/13/2024Brief of respondent Lebene Konan in opposition filed.
03/19/2025DISTRIBUTED for Conference of 4/4/2025.
03/19/2025Reply of petitioners United States Postal Service, et al. filed. (Distributed)
04/14/2025DISTRIBUTED for Conference of 4/17/2025.
04/21/2025Petition GRANTED.
05/14/2025Motion for an extension of time to file the briefs on the merits filed.
05/16/2025Motion 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.
06/05/2025Motion to dispense with printing the joint appendix filed by petitioner United States Postal Service, et al.
06/16/2025Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
06/24/2025Brief of petitioners United States Postal Service, et al. filed.
08/12/2025SET FOR ARGUMENT on Wednesday, October 8, 2025.
08/13/2025Brief of respondent Lebene Konan filed.
08/14/2025Record requested from the United States Court of Appeals for the Fifth Circuit.
08/20/2025Brief amicus curiae of APA Watch filed.
08/20/2025Brief amicus curiae of Taxpayers Protection Alliance filed.
08/20/2025Brief amicus curiae of Institute for Justice filed.
08/22/2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
09/02/2025CIRCULATED
09/12/2025Reply of petitioners United States Postal Service, et al. filed. (Distributed)
09/15/2025Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
10/08/2025Argued. For petitioners: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Easha Anand, Menlo Park, Cal.
02/24/2026Judgment 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.