The US Supreme Court ruled 6-3 on Tuesday in Hencely v. Fluor Corporation, permitting a former soldier wounded in a suicide bombing to sue the defense contractor under state law. Justice Clarence Thomas wrote the majority opinion, joined by Justices Amy Coney Barrett, Neil Gorsuch and the three liberal justices. The decision rejected arguments for federal preemption of such claims.
Spc. Winston Hencely, a 20-year-old soldier, was seriously injured with skull and brain damage during a 2016 suicide bombing at a US military base in Afghanistan. Ahmad Nayeb, a local hire by Fluor Corporation, had lied about his Taliban past and detonated explosives after Hencely confronted his suspicious behavior. An Army investigation found Fluor's failures to supervise Nayeb violated safety protocols, likely preventing a worse attack thanks to Hencely's actions despite it not being his duty. Hencely later sued Fluor for negligence under South Carolina law from his home state. Fluor argued that federal law preempted the state claim due to the supremacy clause and wartime activities, seeking immunity as a defense contractor. The majority opinion by Thomas held that no federal statute or constitutional provision grants such immunity, emphasizing that courts cannot invent one. The Army itself had cited Fluor's violations, undermining claims of merely following orders. In dissent, Justice Samuel Alito, joined by Chief Justice John Roberts and Justice Brett Kavanaugh, supported the 4th US Circuit Court of Appeals' 'battlefield preemption' doctrine. They argued it would shield contractors from state lawsuits amid wartime challenges to avoid harming military efforts.
