Supreme Court of the United States · Official docket →
United States Postal Service, et al. v. Lebene Konan
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10179 · judgment March 20, 2024
Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.
Question presented
The Federal Tort Claims Act (FTCA), ch. 753, 60 Stat. 842 (28 U.S.C. 1346(b), 2671 et seq.), generally waives the United States' sovereign immunity for suits seeking damages "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission" of an employee of the federal government "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. 1346(b)(1). The FTCA, however, excepts from that waiver of immunity "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter." 28 U.S.C. 2680(b). The question presented is as follows: Whether a plaintiff's claim that she and her tenants did not receive mail because Postal Service employees intentionally did not deliver it to a designated address arises out of "the loss" or "miscarriage" of letters or postal matter. 28 U.S.C. 2680(b).
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Robert J. Clary
Robert Clary, PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 merits
(3 respondent)
Argument & decision
Argued October 8, 2025 — Frederick Liu · Easha Anand. Audio and transcript
Decided February 24, 2026. Opinion by Thomas.
Proceedings
- Mar 30 2026Judgment Issued.
- 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.
- Oct 08 2025Argued. For petitioners: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Easha Anand, Menlo Park, Cal.
- Sep 15 2025Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
- Sep 12 2025Reply of petitioners United States Postal Service, et al. filed. (Distributed)
- Sep 02 2025CIRCULATED
- Aug 22 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- 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 14 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
- Aug 13 2025Brief of respondent Lebene Konan filed.
- Aug 12 2025SET FOR ARGUMENT on Wednesday, October 8, 2025.
- Jun 24 2025Brief of petitioners United States Postal Service, et al. filed.
- Jun 16 2025Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Jun 05 2025Motion to dispense with printing the joint appendix filed by petitioner United States Postal Service, et al.
- 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.
- May 14 2025Motion for an extension of time to file the briefs on the merits filed.
- Apr 21 2025Petition GRANTED.
- Apr 14 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 19 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 19 2025Reply of petitioners United States Postal Service, et al. filed. (Distributed)
- Dec 13 2024Brief of respondent Lebene Konan in opposition filed.
- 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.
- Nov 13 2024Motion to extend the time to file a response from November 27, 2024 to December 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.
- Oct 09 2024Motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.
- Sep 27 2024Petition for a writ of certiorari filed. (Response due October 28, 2024)
- Aug 26 2024Application (24A200) granted by Justice Alito extending the time to file until October 2, 2024.
- 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.