The Supreme Court agreed Monday to hear a case brought by a Texas woman who claims the U.S. Postal Service refused to deliver her mail due to her race, setting up a new test of when people can sue the federal government.
Lebene Konan, a black real estate agent and insurance broker in the Dallas area, alleges postal workers intentionally withheld mail to two of her rental properties after changing her P.O. box lock — asserting they did not “like the idea that a black person” owned them, according to her petition to the nine justices.
Her claims were dismissed by a federal judge in Texas, but the U.S. Court of Appeals for the 5th Circuit reversed that decision, allowing the case to proceed and prompting the USPS to appeal.
At issue is whether Konan’s claims are barred by a 1946 law known as the Federal Tort Claims Act, which allows lawsuits against the federal government except for losses arising from the “negligent transmission” of mail.
The Trump administration asked the high court to throw out the case, warning it could expose USPS to a wave of litigation if allowed to proceed.
In a court filing, the government warned that siding with Konan could unleash a terrible precedent that could invite “any person whose mail is lost or delivered [to] bring a federal tort suit—and potentially proceed to burdensome discovery,” based solely on the plaintiff’s claims that the alleged offending party acted “intentionally.”
The case comes as the court is also preparing to hear oral arguments on April 29 about whether federal officers can be sued for wrongful home raids.
OBAMACARE MANDATES AT STAKE IN SUPREME COURT ARGUMENTS
In Martin v. United States, the justices will consider whether an Atlanta family can sue the FBI under the FTCA after agents mistakenly raided their home in 2017, traumatizing the residents. This case will test the scope of the FTCA’s “discretionary function” exception and could clarify the limits of federal immunity for law enforcement errors.
Arguments in USPS v. Konan are expected this fall, with a decision likely in 2026.