SCOTUS expanded USPS immunity from lawsuits over lost or misdelivered mail

The case is United States Postal Service v. Konan, U.S., No. 24-351, decided on 2/24/26.

This Will Hold – “Yes, SCOTUS expanded USPS immunity from lawsuits over lost or misdelivered mail even if the nondelivery is alleged to be INTENTIONAL. Now layer that ruling with USPS’s updated postmark procedures. Ballots are not necessarily postmarked the day USPS takes possession of them. The postmark can reflect the date the ballot is processed which may be days later. A voter can return a ballot on time and still end up with a postmark that appears late. If that ballot is rejected, the burden shifts to the voter not the system. At the same time, legal recourse against USPS for lost or misdelivered mail has narrowed significantly. Put the two together and you’re looking at structure to rig the 2026 midterms. The Supreme Court just ruled that the USPS can deliberately delay or misdeliver the mail and not be held accountable. In a 5-4 decision on February 24, 2026, the Supreme Court ruled in Postal Service v. Konan that the U.S. Postal Service is immune from lawsuits regarding lost or misdelivered mail, even if the action was intentional.

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