1 (Slip Opinion) OCTOBER TERM, 2005

Syllabus

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United Statesv. Detroit Timber & Lumber Co., 200 U. S. 321, 337. 

## SUPREME COURT OF THE UNITED STATES

Syllabus

DOLAN v . UNITED STATES POSTAL SERVICE ET AL

.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 04–848. Argued November 7, 2005—Decided February 22, 2006 Under the Postal Reorganization Act, the Federal Tort Claims Act

(FTCA) applies to “tort claims arising out of [Postal Service] activi

ties.” 39 U. S. C. §409(c). The FTCA, in turn, waives sovereign im

munity in certain cases involving negligence committed by federal employees in the course of their employment, 28 U. S. C. §1346(b)(1), making the United States liable “in the same manner and to the same extent as a private individu al under like circumstances,” §2674. However, the sovereign immunity bar remains as to, inter alia, “[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.” §2680(b). Consequently, the United States may be liable if postal workers commit torts under local law, but not for claims defined by the exception. Petitioner Dolan filed an FTCA suit against the Postal Service for injuries she suffered when she tripped and fell over mail left on he r porch by postal employees. The District Court dismissed the suit , and the Third Circuit affirmed, both concluding that, although the FTCA generally waives sovereign immunity as to federal employees’ torts, Dolan’s claims were barred by §2680(b)’s exception. Held: Because the postal exception is inapplicable in this case, Dolan’s

claim may go forward. This Court assumes that under the applicable state law a person injured by tripping over a package or bundle neg

ligently left by a private party would have a cause of action for dam

ages. The question is whether §2860(b)’s exception preserves sover

eign immunity in such a case. Considered in isolation, “negligent transmission” could embrace a wide range of acts. However, inter

pretation of a word or phrase depends upon reading the whole statu

tory text, considering the statute’s purpose and context. Here, both context and precedent require reading the phrase so that it does not2 DOLAN v. POSTAL SERVICE

Syllabus go beyond negligence causing mail to be lost or to arrive late, in dam

aged condition, or at the wrong address. Starting with context, “neg

ligent transmission” follows the terms “loss” and “miscarriage,” which limit the reach of transmission. Mail is “lost” if it is destroyed or misplaced and “miscarried” if it goes to the wrong address. Since both terms refer to failings in the postal obligation to deliver mail in a timely manner to the right address, it would be odd if “negligent transmission” swept far more broadly to include injuries caused by postal employees but involving neit her failure to transmit mail nor damage to its contents. This interpretation is supported by Kosakv. United States, 465 U. S. 848, where this Court noted that one of the FTCA’s purposes was to waive the Government’s immunity from li

ability for injuries resulting from auto accidents involving postal trucks delivering—and thus “transmitting”—the mail. Nothing in the statutory text supports a distinction between negligent driving, which the Government claims relates only circumstantially to the mail, and Dolan’s accident, which was caused by the mail itself. In both cases the postal employee acts negligently while transmitting mail. In addition, focusing on wheth er the mail itself caused the in

jury would yield anomalies, perhaps making liability turn on, e.g., whether a mail sack was empty or fu ll. It is more likely that Con

gress intended to retain immunity only for injuries arising because mail either fails to arrive or arrives late, in damaged condition, or at the wrong address, since such harms are primarily identified with the Postal Service’s function of tr ansporting mail. The Government claims that, given the Postal Service’s vast operations, Congress must have intended to insulate delivery-related torts from liability, but §2680(b)’s specificity indicates otherwise. Had Congress intended to preserve immunity for all delivery-related torts, it could have used sweeping language similar to that used in other FTCA exceptions, e.g., §2860(i). Furthermore, losses of the type for which immunity is retained under §2680(b) are at least to some degree avoidable or compensable through postal registration and insurance. The Gov

ernment raises the specter of frivolous slip-and-fall claims inundating the Postal Service, but that is a risk shared by any business making home deliveries. Finally, the gene ral rule that a sovereign immunity waiver “will be strictly construed . . . in favor of the sovereign,” Lane

v. Peña, 518 U. S. 187, 192, is “unhelp ful” in the FTCA context, where “unduly generous interpretations of the exceptions run the risk of defeating” the central purpose of the statute, Kosak, supra , at 853, n. 9, which “waives the Government’s immunity from suit in sweeping language,” United Statesv. Yellow Cab Co., 340 U. S. 543, 547. Pp. 4–11. 377 F. 3d 285, reversed and remanded.3 Cite as: 546 U. S. ____ (2006)

Syllabus

K ENNEDY , J., delivered the opinion of the Court, in which R OBERTS , C. J., and S TEVENS , S CALIA , S OUTER , G INSBURG , and B REYER , JJ., joined. T HOMAS , J., filed a dissenting opinion. ALITO , J., took no part in the consideration or decision of the case._________________

_________________ 1 Cite as: 546 U. S. ____ (2006)

Opinion of the Court

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash

ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. 

## SUPREME COURT OF THE UNITED STATES

No. 04–848

BARBARA DOLAN, PETITIONER v. UNITED STATES POSTAL SERVICE ET AL

. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT [February 22, 2006]
J USTICE K ENNEDY delivered the opinion of the Court. Each day, according to the Government’s submissions here, the United States Postal Service delivers some 660 million pieces of mail to as many as 142 million delivery points. This case involves one such delivery point— petitioner Barbara Dolan’s porch—where mail left by postal employees allegedly caused her to trip and fall. Claiming injuries as a result, Dolan filed a claim for ad

ministrative relief from the Postal Service. When her claim was denied, she and her husband (whose claim for loss of consortium the Dolans later conceded was barred for failure to exhaust adminis trative remedies) filed suit in the United States District Court for the Eastern Dis

trict of Pennsylvania, asserting that the Postal Service’s negligent placement of mail at their home subjected the Government to liability under the Federal Tort Claims Act (FTCA), 28 U. S. C. §§1346(b)(1), 2674. The District Court dismissed Dolan’s suit, and the Court of Appeals for the Third Circuit affirmed, 377 F. 3d 285 (2004). Both courts concluded that, although the FTCA generally waives sovereign immunity as to federal employees’ torts, Dolan’s2 DOLAN v. POSTAL SERVICE

Opinion of the Court claims were barred by an exception to that waiver, 28 U. S. C. §2680(b). We disagree and hold that Dolan’s suit may proceed.
I Under the Postal Reorganization Act, 39 U. S. C. §101 et seq. , the Postal Service is “an independent establishment of the executive branch of the Government of the United States,” §201. Holding a monopoly over carriage of letters, the Postal Service has “signifi cant governmental powers,” including the power of eminent domain, the authority to make searches and seizures in the enforcement of laws protecting the mails, the authority to promulgate postal regulations, and, subject to the Secretary of State’s super

vision, the power to enter international postal agreements. See Postal Servicev. Flamingo Industries (USA) Ltd., 540 U. S. 736, 741 (2004) (discussing 39 U. S. C. §§101, 401, 407, 601–606). Consistent with this status, the Postal Service enjoys federal sovereign immunity absent a waiver. See ibid.; cf. FDIC v. Meyer, 510 U. S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Govern

ment and its agencies from suit”). Although the Postal Reorganization Act generally “waives the immunity of the Postal Service from suit by giving it the power ‘to sue and be sued in its official name,’ ” Flamingo Industries, supra , at 741 (quoting 39 U. S. C. §401(1)), the statute also provides that the FTCA “shall apply to tort claims aris ing out of activities of the Postal Service,” §409(c). The FTCA, in turn, waives sovereign immunity in two different sections of the United States Code. The first confers federal-court jurisdicti on in a defined category of cases involving negligence committed by federal employees in the course of their employment. This jurisdictional grant covers: “claims against the United States, for money dam

-3 Cite as: 546 U. S. ____ (2006)

Opinion of the Court ages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circum

stances where the United States, if a private person, would be liable to the claim ant in accordance with the law of the place where the act or omission occurred.” 28 U. S. C. §1346(b)(1). As to claims falling within this jurisdictional grant, the FTCA, in a second provision, makes the United States liable “in the same manner and to the same extent as a private individual under like circumstances,” though not “for interest prior to judgment or for punitive damages.” §2674; see generally United Statesv. Olson , 546 U. S. ___ , ___ (2005) (slip op., at 1). The FTCA qualifies its waiver of sovereign immunity for certain categories of claims (13 in all). If one of the excep

tions applies, the bar of sovereign immunity remains. The 13 categories of exempted claims are set forth in 28 U. S. C. §2680, and the relevant subsection for our pur

poses, pertaining to postal operations, is §2680(b). It states: “The provisions of this chapter and section 1346(b) of this title shall not apply to . . . [a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.” As a consequence, the United States may be liable if postal employees commit torts under local law, but not for claims defined by this exception. This was the provision relied upon by the District Court and Court of Appeals to dismiss Dolan’s suit. The Court of Appeals’ decision created a conflict with a decision of the Court of Appeals for the Second Circuit. See Railav. United States , 355 F. 3d 118, 121 (CA2 2004). We granted4DOLAN v. POSTAL SERVICE

Opinion of the Court certiorari. 544 U. S. ___ (2005).
II We assume that under the applicable state law a person injured by tripping over a package or bundle of papers negligently left on the porch of a residence by a private party would have a cause of action for damages. See 28 U. S. C. §§1346(b)(1), 2674. The question is whether, when mail left by the Postal Service causes the slip and fall, the §2680(b) exception for “loss, miscarriage, or negli

gent transmission of letters or postal matter” preserves sovereign immunity despit e the FTCA’s more general statements of waiver. If considered in isolation, the phrase “negligent trans

mission” could embrace a widerange of negligent acts committed by the Postal Service in the course of delivering mail, including creation of slip-and-fall hazards from leaving packets and parcels on the porch of a residence. After all, in ordinary meaning and usage, transmission of the mail is not complete until it arrives at the destination. See, e.g., Webster’s Third New International Dictionary 2429 (1971) (defining “transmission” as “an act, process, or instance of transmitting” and “transmit” as “to cause to go or be conveyed to another person or place”). In large part this inference—transmission includes delivery—led the District Court and Court of Appeals to rule for the Gov

ernment. See 377 F. 3d, at 288; App. to Pet. for Cert. 5a– 6a. The definition of words in isolation, however, is not necessarily controlling in stat utory construction. A word in a statute may or may not extend to the outer limits of its definitional possibilities. Interpretation of a word or phrase depends upon reading the whole statutory text, considering the purpose and co ntext of the statute, and consulting any precedents or authorities that inform the analysis. Here, we conclude both context and precedent require a narrower reading, so that “negligent transmis

-5 Cite as: 546 U. S. ____ (2006)

Opinion of the Court sion” does not go beyond negligence causing mail to be lost or to arrive late, in damaged condition, or at the wrong address. See Raila, supra , at 121 (holding the postal exception covers “damages and delay of the postal mate

rial itself and consequential damages therefrom”). The phrase does not comprehend all negligence occurring in the course of mail delivery. Starting with context, the words “negligent transmis

sion” in §2680(b) follow two other terms, “loss” and “mis

carriage.” Those terms, we think, limit the reach of “transmission.” “[A] word is known by the company it keeps”—a rule that “is often wisely applied where a word is capable of many meanings in order to avoid the giving of unintended breadth to the Acts of Congress.” Jareckiv. G. D. Searle & Co., 367 U. S. 303, 307 (1961); see also Dole

v. Steelworkers, 494 U. S. 26, 36 (1990) (“[W]ords grouped in a list should be given related meaning” (internal quotation marks omitted)). Here, as both parties acknowledge, mail is “lost” if it is destroyed or misplaced and “miscarried” if it goes to the wrong address. Since both those terms refer to failings in the postal obligation to deliver mail in a timely manner to the right ad dress, it would be odd if “negligent transmission” swept far more broadly to include injuries like those alleged here—injuries that happen to be caused by postal employees but involve neither failure to transmit mail nor damage to its contents. Our interpretation would be less secure were it not for a precedent we deem to have deci sive weight here. We refer to Kosakv. United States, 465 U. S. 848 (1984). In Kosak , an art collector alleged in an FTCA suit that artworks he owned were damaged when the United States Customs Service seized and detained them. Id. , at 849–850. The question was whether the Government retained immunity based on §2680(c), a provision that has since been amended but at the time covered:6DOLAN v. POSTAL SERVICE

Opinion of the Court “[a]ny claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise or any other law-enforcement officer.” Id. , at 852, n. 6 (internal quotation marks omitted). In its opinion concluding the exception did apply and thus that the United States retained sovereign immunity, the Court gave specific consideration to the postal exception. In a part of the opinion central to its holding, the Court contrasted what it called the “generality of §2680(c)” with the “specificity of §2680(b),” id. , at 855. The Court ob

served: “One of the principal purposes of the Federal Tort Claims Act was to waive the Government’s immunity from liability for injuries resulting from auto acci

dents in which employees of the Postal System were at fault. In order to ensure that §2680(b), which gov

erns torts committed by mailmen, did not have the ef

fect of barring precisely the sort of suit that Congress was most concerned to authorize, the draftsmen of the provision carefully delineated the types of misconduct for which the Government was not assuming financial responsibility—namely, ‘the loss, miscarriage, or neg

ligent transmission of letters or postal matter’— thereby excluding, by implication, negligent handling of motor vehicles.” Ibid. In the present case neither party suggests Kosak ’s con

clusion regarding negligent operation of postal motor vehicles should be ignored as dictum. In light of Kosak ’s discussion, we cannot interpret the phrase “negligent transmission” in §2680(b) to cover all negligence in the course of mail delivery. Although postal trucks may well be delivering—and thus transmitting—mail when they collide with other vehicles, Kosakindicates the United States, nonetheless, retains no immunity.7 Cite as: 546 U. S. ____ (2006)

Opinion of the CourtSeeking to distinguish postal auto accidents from Dolan’s fall, the Government ar gues that negligent driving relates only circumstantially to the mail, whereas Dolan’s accident was caused by the mail itself. Nothing in the statutory text supports this distinction. Quite the con

trary, if placing mail so as to create a slip-and-fall risk constitutes “negligent transmission,” the same should be true of driving postal trucks in a manner that endangers others on the road. In both cases the postal employee acts negligently while transmitting mail. In addition, as the Second Circuit recognized and as the Government ac

knowledged at oral argument, focusing on whether the mail itself caused the injury would yield anomalies, per

haps making liability turn on whether a mail sack causing a slip-and-fall was empty or full, or whether a pedestrian sideswiped by a passing truckwas hit by the side-view mirror or a dangling parcel. See Raila , 355 F. 3d, at 122– 123.

We think it more likely that Congress intended to retain immunity, as a general rule, only for injuries arising, directly or consequentially, because mail either fails to arrive at all or arrives late, in damaged condition, or atthe wrong address. Illustrative instances of the exception’s operation, then, would be personal or financial harms arising from nondelivery or late delivery of sensi

tive materials or information (e.g., medicines or a mort

gage foreclosure notice) or from negligent handling of a mailed parcel ( e.g., shattering of shipped china). Such harms, after all, are the sort primarily identified with the Postal Service’s function of transporting mail throughout the United States. Resisting this conclusion, the Government emphasizes the Postal Service’s vast op erations—the 660 million daily mailings and 142 million delivery points mentioned at the outset. See Brief for Respondents 36. As delivery to mailboxes and doorsteps is es sential to this nationwide8DOLAN v. POSTAL SERVICE

Opinion of the Court undertaking, Congress must have intended, the Govern

ment asserts, to insulate deliv ery-related torts from liabil

ity. If, however, doorstep delivery is essential to the postal enterprise, then driving postal trucks is no less so. And in any event, while it is true “[t]he §2680 exceptions are designed to protect certain important governmental func

tions and prerogatives from disruption,” Molzof v. United States, 502 U. S. 301, 311 (1992), the specificity of §2680(b),

see Kosak, 465 U. S., at 855, indicates that Congress did not intend to immunize all postal activities. Other FTCA exceptions paint with a far broader brush. They cover, for example: “[a]ny claim for damages caused by the fiscal operations of the Treasury or by the regula

tion of the monetary system,” 28 U. S. C. §2680(i); “[a]ny claim arising out of the combatant activities of the mili

tary or naval forces, or the Coast Guard, during time of war,” §2680(j); “[a]ny claim arising in a foreign country,” §2680(k); “[a]ny claim arising from the activities of the Tennessee Valley Authority,” §2680( l), or “the Panama Canal Company,” §2680(m); and “[a]ny claim arising from the activities of a Federal l and bank, a Federal intermedi

ate credit bank, or a bank for cooperatives,” §2680(n). Had Congress intended to preserve immunity for all torts related to postal delivery—to rts including hazardous mail placement at customer homes—it could have used simi

larly sweeping language in §2680(b). By instead “carefully delineat[ing]” just three types of harm (loss, miscarriage, and negligent transmission), see Kosak, supra , at 855, Congress expressed the intent to immunize only a subset of postal wrongdoing, not all torts committed in the course of mail delivery. Further supporting our interpretation, losses of the type for which immunity is retained under §2680(b) are at least to some degree avoidable or compensable through postal registration and insurance. See United States Postal Service, Domestic Mail Manual pt. 609.1.1 (Nov. 10, 2005),Cite as: 546 U. S. ____ (2006) 9

Opinion of the Court available at http://pe.usps.gov/text/dmm300/609.htm (as visited Jan. 9, 2006, and available in Clerk of Court’s case file) (allowing indemnity claims for loss or damage of “insured, collect on delivery (COD), registered with postal insurance, or Express Mail”); 39 CFR §111.1 (2005) (incor

porating by reference the Domestic Mail Manual). The same was true when Congress enacted the FTCA in 1946. See 39 U. S. C. §245 (1940 ed. and Supp. V) (setting rates and conditions for mail insurance); 39 U. S. C. §381 (1946 ed.) (“For the greater security of valuable mail matter the Postmaster General may establish a uniform system of registration, and as a part of such system he may provide rules under which the senders orowners of any registered matter shall be indemnified for loss, rifling, or damage thereof in the mails . . .”). As Kosakexplains, one purpose of the FTCA exceptions was to avoid “extending the cover

age of the Act to suits for which adequate remedies were already available,” 465 U. S., at 858—an objective consis

tent with retaining immunity as to claims of mail damage or delay covered by postal registration and insurance. While the Government suggests other injuries falling outside the FTCA are also subject to administrative relief, even assuming that is true the provision the Government cites permits only discretio nary relief, not an automatic remedy like postal insurance. See 39 U. S. C. §2603 (indi

cating the Postal Service “may adjust and settle” personalinjury and property-damage claims “not cognizable” under the FTCA’s administrative relie f provision); see also 31 U. S. C. §224c (1940 ed.) (indicating that “[w]hen any damage is done to person or property by or through the operation of the Post Office Department . . . the Postmas

ter General is invested with power to adjust and settle any claim for such damage when his award for such damage in any case does not exceed $500” ); Legislative Reorganiza

tion Act of 1946, §424(a), 60 Stat. 846–847 (repealing §224c as to negligence claims cognizable under the FTCA).10 DOLAN v. POSTAL SERVICE

Opinion of the CourtThe Government raises the specter of frivolous slip-andfall claims inundating the Postal Service. It is true that, in addition to other consider ations we have identified, Kosakdescribes “avoiding exposure of the United States to liability for excessive or fraudulent claims” as a principalaim of the FTCA exceptions, 465 U. S., at 858. Slip-andfall liability, however, to the extent state tort law imposes it, is a risk shared by any business that makes home deliveries. Given that “negligent transmission,” viewed in context and in light of Kosak , cannot sweep as broadly as the Government claims, ordinary protections against frivolous litigation must suffice here, just as they do in the case of motor vehicle collisions. Finally, it should be noted that this case does not impli

cate the general rule that “a waiver of the Government’s sovereign immunity will be s trictly construed, in terms of its scope, in favor of the sovereign,” Lanev. Peña, 518 U. S. 187, 192 (1996). As Kosakexplains, this principle is “un

helpful” in the FTCA context, where “unduly generous interpretations of the exceptions run the risk of defeating the central purpose of the statute,” 465 U. S., at 853, n. 9, which “waives the Government’s immunity from suit in sweeping language,” United Statesv. Yellow Cab Co., 340 U. S. 543, 547 (1951); see also United Statesv. Nordic Vil

lage, Inc., 503 U. S. 30, 34 (1992) (observing “[w]e have on occasion narrowly construed exceptions to waivers of sover

eign immunity where that was consistent with Congress’ clear intent, as in the context of the ‘sweeping language’ of the [FTCA]” (quoting Yellow Cab Co., supra , at 547)). Hence, “the proper objective of a court attempting to con

strue one of the subsections of 28 U. S. C. §2680 is to identify ‘those circumstances which are within the words and reason of the exception’—no less and no more.” Ko

sak, supra , at 853, n. 9 (quoting Dalehitev. United States, 346 U. S. 15, 31 (1953)). Having made that i nquiry here, we conclude Dolan’s claims fall outside §2680(b).11 Cite as: 546 U. S. ____ (2006)

Opinion of the Court
* * * The postal exception is inapplicable, and Dolan’s claim falls within the FTCA’s general waiver of federal sovereign immunity. The judgment of the Court of Appeals is re

versed, and the case is remanded for further proceedings consistent with this opinion. It is so ordered.

J USTICE ALITO took no part in the consideration or decision of this case._________________

_________________ 1 Cite as: 546 U. S. ____ (2006)

T HOMAS , J., dissenting 

## SUPREME COURT OF THE UNITED STATES

No. 04–848

BARBARA DOLAN, PETITIONER v. UNITED STATES POSTAL SERVICE ET AL

. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT [February 22, 2006]
J USTICE T HOMAS , dissenting.The Federal Tort Claims Act (FTCA) waives the Government’s sovereign immunity for civil suits seeking money damages “for injury or loss of property, or personal injury or death caused by the negligen t or wrongful act or omis

sion of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission oc

curred,” 28 U. S. C. §1346(b)(1), save several exceptions found in §2680. As relevant here, Congress reserved to the Government its sovereign immu

nity respecting “[a]ny claim arising out of the loss, miscar

riage, or negligent transmission of letters or postal mat

ter.” §2680(b) (postal exception). Petitioner Barbara Dolan claims to have suffered per

sonal injuries when she tripped over letters, packages, and periodicals that an employee of the United States Postal Service (Postal Service) negligently left on her porch. Today, the Court concludes that Dolan’s lawsuit may proceed because her claim does not fall within the excep

tion. I disagree. Dolan’s claim arises out of the Postal2 DOLAN v. POSTAL SERVICE

T HOMAS , J., dissenting Service’s “negligent transmission” of mail and is thus covered by the terms of the postal exception. Even if the exception is ambiguous, this Court’s cases require that ambiguities as to the scope of the Government’s waiver of immunity be resolved in its favor. Accordingly, I respect

fully dissent.
I The text of the postal exception, and every term therein, should be ascribed its ordinary meaning. See FDIC v. Meyer, 510 U. S. 471, 477 (1994) (noting that we interpret a statutory term in accordance with its ordinary meaning when that term is not defined in the statute). The term in controversy here is “negligent transmission.” The crux of my disagreement with the majority is its failure to assign the term “transmission” its plain meaning. That term is defined as the “[a]ct, operation, or process, of transmit

ting.” Webster’s New International Dictionary 2692 (2d ed. 1934, as republished 1945). “Transmit” is defined as, inter alia , “[t]o send or transfer from one person or place to another; to forward by rail, post, wire, etc., . . . [t]o cause . . . to pass or be conveyed.” Id., at 2692–2693. There is no cause to conclu de that Congress was unaware of the ordinary definition of the terms “transmission” and “transmit” when it enacted the FTCA and the postal ex

ception in 1946. Nor is there textual indication that Con

gress intended to deviate from the ordinary meaning of these terms. 1 Accordingly, I would interpret the term

——————

1 In fact, this reading is supported by Congress’ routine definitional use of the terms “transmission” and “transmit” in both criminal and civil postal statutes to refer to th e handling, processing, and delivery of mail to a final destination. See, e.g., Act of Mar. 3, 1845, ch. 43, §6, 5 Stat. 734 (respecting deputy postmasters authorized “to transmit to any person or place” official letters or pa ckages free of charge); 18 U. S. C. §§1696(b) and (c) (referring to unlawful “transmission” of letters); §§1716(b), (c), (d), and (e) (regulating and proscribing “transmission in the mails” of dangerous items ( e.g., medicines) except when the “trans

-3 Cite as: 546 U. S. ____ (2006)

T HOMAS , J., dissenting “transmission” consistent, with its ordinary meaning, see ante , at 4, and conclude that the postal exception exempts the Government from liability for anyclaim arising out of the negligent delivery of the mail to a Postal Service pa

tron, including Dolan’s slip-and-fall claim. Rejecting the “ordinary meaning and usage” of “negli

gent transmission,” the majority concludes that the term covers only injury arising “directly or consequentially” from “negligence causing mail to be lost or to arrive late, in damaged condition, or at the wrong address.” Ante , at 5, 7. Thus, in the majority’s view, “negligent transmis

sion” covers direct injury to the mail as well as personal injury arising from injury to the mail, but does not cover personal injury that does not arise from damage to the mail. For example, in the majority’s view, if a mail carrier negligently drops a mailbox containing glassware on a patron’s doorstep, causing the contents to shatter, and the patron later injures himself while attempting to handle the shards of glass, the postal exception would bar a claim for damages for the destroyed item as well as a related claim for personal injury. That view is correct, as far as it goes. However, under the majority’s view, if the mail carrier negligently places a heap of mail on a patron’s front porch and the patron trips and falls over the mail as he walks out of his front door, his personal injury claim may go forward. There is no basis in the text for the line drawn by the majority. Indeed, the majority’s view is at odds with the broad language of the postal exception, which expressly applies to “[a]ny claim arising out of . . . negligent transmission of le tters or postal matter.” §2680(b) (emphasis added). The majority rationalizes its view by concluding that the terms “loss” and “miscarriage” necessarily limit the term “transmission.” Ante, at 5. Applying the rule of noscitur a

—————— mission” is “to,” “from,” or “between” specified individuals or entities).4DOLAN v. POSTAL SERVICE

T HOMAS , J., dissenting
sociis—that a word is known by the company it keeps—the majority reasons that because both “loss” and “miscar

riage” refer to “failings in the postal obligation to deliver mail in a timely manner to the right address, it would be odd if ‘negligent transmission’ swept more broadly.” Ibid

. But there is nothing “odd” about interpreting the term “negligent transmission” to encompass more ground than the decidedly narrower terms “loss” and “miscarriage.” The rule of noscitur a sociisis intended to prevent as

cribing to one word a meaning so expansive that it con

flicts with other terms of the provision in a manner that gives “ ‘unintended breadth to an Act of Congress.’ ” Gustafsonv. Alloyd Co., 513 U. S. 561, 575 (1995) (quoting Jareckiv. G. D. Searle & Co., 367 U. S. 303, 307 (1961)). That rule, however, “does not require [the Court] to con

strue every term in a series narrowly because of the mean

ing given to just one of the te rms,” where, as here, nothing in the text demands a more limited construction. Gustaf

son, supra, at 586 (T HOMAS , J., dissenting) (emphasis deleted). Indeed, to read Congress’ use of narrow terms in a list as limiting the meaning of broad terms in the same list “would defy common sense; doing so would prevent Con

gress from giving effect to expansive words in a list when

ever they are combined with one word with a more re

stricted meaning.” Id., at 587. Nor does this Court’s opinion in Kosakv. United States, 465 U. S. 848 (1984), support the majority’s narrow con

struction of the postal exception. In Kosak , this Court suggested that the postal exception does not apply to suits arising from the negligent handling of motor vehicles by Postal Service employees. Specifically, the Court stated that: “One of the principal purposes of the [FTCA] was to waive the Government’s immunity from liability for injuries resulting from auto accidents

. . . . In order to5 Cite as: 546 U. S. ____ (2006)

T HOMAS , J., dissenting ensure that §2680(b) . . . did not have the effect of bar

ring precisely the sort of suit that Congress was most concerned to authorize, the draftsmen of the provision carefully delineated the types of misconduct for whichthe Government was not assuming financial responsibility—namely, ‘the loss, miscarriage, or negligent transmission of letters or postal matter’. . . Id ., at 855 (emphasis added). That observation has no import beyond the recognition that the postal exception—whatever its scope may be— was carefully crafted so as not to undermine an undis

puted principal purpose of the FTCA—to waive the Government’s immunity for injuries arising from auto acci

dents . It says nothing further about the acts Congress intended to capture when enacting the postal exception, and, thus, is unremarkable for purposes of construing the exception. 2

——————

2 In an attempt to reconcile Kosak with this case, the majority argues that “one purpose of the FTCA exceptions was to avoid ‘extending coverage of the Act to suits for which adequate remedies were already available,’ . . . an objective consistent with retaining immunity as to some claims of mail damage or delay covered by postal registration and insurance.” Ante , at 9 (quoting Kosak, 465 U. S., at 858). The majority, however, ignores the fact that, in most cases, such insurance covers only the sender, not the recipient, in which case recipients have no means of obtaining compensation for lo ss or damage to money, gifts, heirlooms, valuable papers, delayed medicine, or time-sensitive docu

ments. See United States Postal Service, Mailing Standards of the United States Postal Service, Domestic Mail Manual, §§609.4.3(f) and (ae), pp. 1129, 1130 (rev. Jan. 6, 2005). The majority’s justification also fails to take into account the fact that postal patrons cannot insure against the loss of items of sentimental value. See id ., §609.4.3, gener

ally. With a more accurate depiction of registration and insurance coverage in hand, the Government’s claim that, like injuries arising from negligent tran smission of mail, other injuries outside the reach of the FTCA are also amenable to administrative relief is not so easily dismissed. Ante , at 9. Specifically, 39 U. S. C. §2603, as the Govern

ment argues, provides for the settlem ent of claims, within the discre

-6DOLAN v. POSTAL SERVICE

T HOMAS , J., dissenting Even if Kosakdoes inform the outcome in this case, it does not support the majority’s interpretation of “negligent transmission.” As discussed above, the majority does not purport to limit the type of negligent actthat may fall under the postal exception; rath er it limits the scope of the exception based on the type of consequencethat the negli

gent act causes (damage to the mail, late delivery, etc.) But Kosak ’s exclusion of the act of negligent driving— regardless of whether the consequence of that act is dam

age to the mail or injury to a person—from the scope of the postal exception implies, if anything, that the Kosak Court envisioned discrete acts as being covered, independently of the nature of their consequences. See 465 U. S., at 855 (excluding “negligent handling of motor vehicles” from the “types of misconduct” for which liability is barred by the postal exception). As such, Kosakdoes not support an interpretation of “negligent transmission” based upon the type of injury that is caused by the Postal Service’s negli

gent handling of the mail.
II Assuming that the postal exception is ambiguous, as the majority suggests, see ante , at 4–5, settled principles governing the interpretation of waivers of sovereign im

munity require us to rule in favor of the Government. A court may only exercise jurisdiction over the Gov

ernment pursuant to “a clear statement from the United States waiving sovereign immunity . . . together with a claim falling within the terms of the waiver.” United States v. White Mountain Apache Tribe, 537 U. S. 465, 472

—————— tion of the United States, for injuri es caused by the Postal Service that are not otherwise cognizable, which wo uld include claims like Dolan’s. The discretionary nature of such settlements does not alter the fact that §2603 undermines the Court’s position that the purported un

availability of administrative recovery for claims such as Dolan’s supports its proposed interpretation.Cite as: 546 U. S. ____ (2006) 7

T HOMAS , J., dissenting (2003). “[A] waiver of the Government’s sovereign immu

nity will be strictly construed, in terms of its scope, in favor of the sovereign.” Lanev. Peña, 518 U. S. 187, 192 (1996). These settled legal principles apply not only to the interpretation of the scope of the Government’s waiver of immunity, but also to the interpretation of the scope of any exceptions to that waiver. See ibid. (explaining that, consistent with rules of cons truction respecting waivers of sovereign immunity, ambiguitie s created by conditions on and qualifications of the waivermust be strictly construed in favor of sovereign immunity). Thus, the majority is inco rrect to conclude that “this case does not implicate the general rule that ‘a waiver of the Government’s sovereign immunity will be strictly construed, in terms of its scope, in favor of the sovereign.’ ” Ante , at 10. As this case clearly illustrates, the Government’s amenability to suit can only be ascertained after construing both the waiver of immunity and its excep

tions. The well-established rationale for construing a waiver in favor of the sovereign’s immunity, thus, applies with equal force to the construction of an exception to that waiver. Accordingly, even if I were to conclude that the majority’s interpretation of “negligent transmission” were as plausible as my own, I would still resolve this case in favor of the Government’s sovereign immunity as man

dated by our canons of construction. 3

——————

3 There is no canon of construction that counsels in favor of constru

ing the ambiguity against the Government. Although we have “on occasion narrowly construed exceptions to waivers of sovereign immu

nity,” we have done so in case s where Congress plainly waived the Government’s immunity for the particular claim at issue, and the only question before the Court was the perm issibility of the form of the suit. United Statesv. Nordic Village , Inc ., 503 U. S. 30, 34 (1992) (citing United States v. Yellow Cab Co., 340 U. S. 543 (1951), and United States v. Aetna Casualty & Surety Co., 338 U. S. 366 (1949)). In cases where, as here, the question whether a particular claim is subject to an exception is disputed, we have construed FTCA exceptions broadly to8DOLAN v. POSTAL SERVICE

T HOMAS , J., dissenting * * * For these reasons, I would hold that a tort claim for personal injury arising out of negligent delivery of mail to a postal patron is barred by 28 U. S. C. §2680(b), the postal exception. Accordingly, I would affirm the judg

ment of the Court of Appeals.

—————— preclude claims for actions Congre ss intended to except from the FTCA’s general waiver of immunity. See Dalehite v. United States , 346 U. S. 15, 31 (1953); United States v. Orleans , 425 U. S. 807 (1976); Kosak v. United States , 465 U. S. 848 (1984).