Postal Service v. Konan · ¶58

The postal exception’s text shows that Congress did not intend to immunize intentional misconduct.Recall that the exception covers the “loss,” “miscarriage,” and “negligent transmission” of mail.§2680(b).As Kosak observed, the terms describe three categories of “misconduct” that postal employees can commit without incurring liability for the United States.465 U. S., at 855.The majority, however, contends that these terms focus on “harms” rather than Gov- ernment wrongdoing, citing Dolan.Ante, at 395, 398, 403. To be sure, Dolan described these terms as “harm[s],” but in the same breath, it also emphasized that the three terms protect “only a subset of postal wrongdoing.”546 U. S., at 490.

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