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Postal Service v. Konan · ¶75

To start, the majority relies on several dictionary defini- tions.Ante, at 399.None of those definitions addresses an individual’s mens rea.The phrase “failure to arrive,” more- over, does not immediately suggest intentional wrongdoing. “A diplomat might ‘fail to arrive’ at a treaty negotiation if her flight were cancelled, but no one would describe her as ‘failing to arrive’ if she deliberately skipped the talks to un- dermine the treaty (‘refused to attend’ would be more accu- rate).”Brief for Respondent 23.
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