Postal Service v. Konan · ¶76

Next, the majority turns to real-life examples.Here, the majority does not rely on any cases cited by the Government. That is not a surprise, as the Government failed to identify a single example of “miscarriage” being used to describe mail “failing to arrive properly” due to intentional misconduct. The majority thus searches elsewhere, citing examples of its own: two cherry-picked newspaper references almost 20 years apart, and at least 30 years before the enactment of the FTCA, that used “miscarried,” not “miscarriage.”Ante, at 400.If “miscarriage” were in fact ordinarily used to de- scribe intentional misconduct, one might expect that actual examples of the usage would be easier to come by.

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