The recent 5–4 decision by the Supreme Court of the United States holding that the United States Postal Service cannot be sued for intentionally failing to deliver mail landed differently for me than it may have for others.
For some, it’s a technical ruling about statutory interpretation under the Federal Tort Claims Act. For me, it’s another reminder of a deeper problem: the widening shield of government immunity — and how difficult it has become for ordinary citizens to hold powerful institutions accountable.
The case itself involved a claim that postal workers deliberately refused to deliver mail. The majority said that because Congress carved out an exception for “loss, miscarriage, or negligent transmission” of mail, the government remains immune — even if the nondelivery was intentional. The dissent argued that Congress never meant to protect deliberate misconduct.
That distinction matters.
But what struck me most wasn’t the statutory nuance. It was the principle underneath it: when the government fails you — even intentionally — your ability to seek redress may simply evaporate.
I’ve lived in that space.
Anyone who has followed my work knows I have had my own difficult experiences with the federal judiciary. I have written before about my frustration with judicial immunity — the doctrine that protects judges from personal liability for actions taken in their judicial capacity, even when those actions cause profound harm. The theory is that judges must be free to decide cases without fear of personal lawsuits. In principle, I understand that.
In practice, it can feel impenetrable.
When you sit in a courtroom and believe that decisions are being made that defy fairness, or when you feel the machinery of the system grinding over you without meaningful accountability, the promise that “there are remedies” begins to sound abstract. Appeals are expensive. Standards of review are deferential. And personal immunity for judges is nearly absolute.
The Postal Service case is not about judges. But it is about the same underlying architecture: sovereign immunity, official immunity, institutional insulation.
The through-line is this — the law often bends over backward to protect the government from you, while demanding that you comply fully with the government.
Out here in the Hudson Valley, that tension isn’t theoretical. Small business owners depend on mail. Families depend on courts. Ordinary citizens depend on the idea that if something goes wrong — truly wrong — there is a door you can knock on.
But what happens when the door is bolted from the inside?
Supporters of broad immunity argue that without it, government could not function. Every delayed letter, every disappointed litigant, every disgruntled citizen would file suit. The system would drown in claims. There is truth in that concern.
But there is also danger in the opposite extreme.
When immunity becomes so broad that intentional wrongdoing is shielded…
When judicial actors are functionally untouchable…
When the institution’s protection outweighs the individual’s injury…
That’s when public trust begins to erode.
And trust, once lost, is very hard to restore.
I don’t write this as someone who misunderstands the need for institutional independence. I write it as someone who has felt the weight of institutional finality. There is a difference between independence and insulation. Between discretion and unreviewable power.
The Supreme Court chose insulation in this case.
Maybe Congress will revisit the statute. Maybe it won’t. But the larger question lingers: In a constitutional republic built on checks and balances, how much immunity is too much?
Here in the Valley, where we pride ourselves on neighborly accountability and common sense fairness, that’s not just a legal question. It’s a civic one.
Because at the end of the day, whether it’s the mail not arriving or a courtroom decision that changes a family’s life, people want to believe there is somewhere to turn.
If immunity closes every door, we shouldn’t be surprised when citizens begin to wonder whether the system is protecting justice — or protecting itself.