Congress used bad words in a 1946 law.
Clarence Thomas just enforced it anyway – and the left's reaction tells you everything about how they actually think courts should work.
What Thomas said in Monday's ruling – and why his reasoning is the only honest reading of the law – is something every conservative needs to understand before the media finishes burying it.
The USPS Lawsuit the Supreme Court Just Threw Out
Lebene Konan owns rental properties in Euless, Texas.
Starting in 2020, two USPS employees allegedly decided they didn't like the fact that she – a Black woman – was renting to white tenants.
So they locked her out of her own mailbox, marked her tenants' mail undeliverable, and returned it to senders for years.
Doctor's bills. Medications. Credit card statements. Gone.
Tenants moved out. Konan lost income. She filed complaints with the postal inspector. Nothing happened.
She sued the federal government under the Federal Tort Claims Act – the 1946 law Congress passed so citizens could seek damages when federal employees harmed them.
The district court threw out her case.
The Fifth Circuit brought it back.
The Supreme Court threw it out again – 5 to 4 – in USPS v. Konan, decided February 24.
The Federal Tort Claims Act Postal Exception, Explained
The FTCA contains a "postal exception."
Congress wrote it in plain English: the federal government keeps its immunity from claims "arising out of the loss, miscarriage, or negligent transmission of letters or postal matter."
Every federal appeals court except the Fifth Circuit had already ruled that exception covers intentional misconduct – not just accidents.
The Fifth Circuit went rogue, decided those words only cover negligent conduct, and created a circuit split.
Thomas, writing for Roberts, Alito, Kavanaugh, and Barrett, restored what the law had meant for eighty years.
His reasoning was straightforward: when Congress wrote "loss" in 1946, the word meant any deprivation of mail – regardless of how it happened.
Consider how the word works in ordinary speech: you can lose soldiers to an enemy attack, and nobody argues "loss" means something different when the cause is intentional.
Congress wrote the exception that way. The exception covers intentional conduct. Case closed.
What Clarence Thomas Said That No Other Justice Would
Here's what separates Thomas from the justices who play politics in robes.
He didn't pretend the outcome was satisfying.
The majority opinion itself acknowledged that Konan may have suffered a genuine wrong – and that Congress has every tool available to fix the law if they choose to.
Thomas didn't invent a better result because the law as written produced a hard one.
That is the job.
The alternative – what Sotomayor argued in dissent, joined by Kagan, Jackson, and Gorsuch – is that courts should read the law as they wish it had been written.
Her position: Thomas stretched "loss" and "miscarriage" past what Congress put in the text, and Congress – not the Court – should decide whether to extend that immunity further.
Thomas's response was the only intellectually honest one: the words "loss" and "miscarriage" meant what they meant in 1946, and Congress can update them anytime they want.
Why Thomas's 5-4 Ruling Is a Win for the Rule of Law
The left has spent thirty years demanding judges who interpret the law as a living document that bends toward whatever outcome they prefer.
Thomas just demonstrated why that approach destroys the rule of law.
If judges can rewrite a statute because the result seems unfair, they can rewrite any statute.
Today it's a postal exception Congress wrote too broadly.
Tomorrow it's the Second Amendment. The First Amendment. The electoral rules Democrats lost under.
Konan still has legal options – her equal protection claims against the individual postal workers were not part of this ruling.
And if Congress wants postal workers held accountable for intentional misconduct, they know where the Capitol is.
Thomas didn't close those doors.
He simply refused to do Congress's job for them.
That's not a threat to anyone's rights.
That's what it looks like when a justice actually respects the separation of powers.
Sources:
- Justia U.S. Supreme Court Center, Postal Service v. Konan, No. 24-351, 607 U.S. ___ (2026).
- Fox News, "Postal Service Can't Be Sued for Intentionally Not Delivering Mail, Supreme Court Rules in 5-4 Split," Fox News, February 24, 2026.
- Kelsey Dallas, "Court Holds That U.S. Postal Service Can't Be Sued Over Intentionally Misdelivered Mail," SCOTUSblog, February 24, 2026.
- Faegre Drinker Biddle & Reath LLP, "Supreme Court Decides United States Postal Service v. Konan," February 2026.
- Library of Congress, "The Federal Tort Claims Act: A Legal Overview," Congress.gov.










