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The Court wrote:
“In 2016, a Taliban operative working for respondent Fluor Corporation, a military contractor, carried out a suicide-bomb attack at Bagram Airfield in Afghanistan. After then-Army Specialist Winston T. Hencely confronted him, the bomber detonated his suicide vest,” the opinion explains. “As a result of the injuries he received, Hencely is now permanently disabled.”
The ruling further emphasized that the lawsuit centers on allegations that fall outside authorized military conduct:
“In an effort to recover damages for his injuries, Hencely sued Fluor, bringing state-law tort claims for negligently retaining and supervising the attacker. According to Hencely and the United States military, Fluor’s conduct was not authorized by the military and even violated instructions the military had given it as a condition of operating on the base,” the opinion notes.
The Court ultimately vacated the lower court’s ruling and sent the case back for further proceedings, stating:
“We vacate the judgment of the Fourth Circuit and remand the case for further proceedings consistent with this opinion,” Wednesday’s decision says.
Not all of the justices agreed with the majority. Chief Justice John Roberts, Justice Samuel Alito, and Justice Brett Kavanaugh dissented, arguing against the Court’s approach to limiting battlefield immunity doctrines in this context.
The ruling adds to a growing list of high-profile decisions issued by the Supreme Court in recent days, several of which have significant implications for federal jurisdiction, liability standards, and government authority.
Just last week, the Court issued another closely watched ruling in Chevron USA Inc. v. Plaquemines Parish, a case involving whether environmental litigation filed in Louisiana state court could be moved into federal court. In that 6–3 decision, the justices sided with Chevron, holding that the federal officer removal statute allows certain cases involving federal contractors to be transferred out of state courts.
“Congress has long authorized federal officers and their agents to remove suits brought against them in state court to federal court,” Justice Clarence Thomas wrote.
The decision is being closely monitored by legal observers, particularly those involved in climate-related litigation, as state courts have often been viewed as more receptive venues for environmental damage claims.
In yet another ruling drawing attention, the Supreme Court also addressed civil asset forfeiture procedures, siding 6–3 with law enforcement in a case involving the seizure of vehicles allegedly connected to drug activity.
The case involved two Alabama women who waited more than a year to have their vehicles returned after police confiscated them during drug-related stops. The Court ruled that while eventual forfeiture hearings must be timely, the Constitution does not require an immediate hearing to determine whether law enforcement may temporarily hold seized property.
Justice Brett Kavanaugh, writing for the majority, explained that due process protections apply to final deprivation of property, but do not necessarily extend to preliminary retention periods.
Justice Sonia Sotomayor, writing in dissent, warned of systemic risks in the practice, arguing that civil forfeiture systems can be prone to abuse, particularly when law enforcement agencies have financial incentives tied to seized assets.
Taken together, the recent string of rulings underscores a Supreme Court that continues to shape the boundaries of government power, contractor liability, and property rights in cases that carry wide-ranging legal and political implications.
