Supreme Court Allows Lawsuit Against Contractor for Taliban Suicide Bombing

The Supreme Court ruled on Wednesday that U.S. troops can sue military contractors for injuries sustained in combat zones, allowing a lawsuit against Fluor Corporation to proceed. The court's decision came in a 6-3 ruling in favor of former Army Specialist Winston Hencely, who was injured when a Taliban operative working for Fluor detonated a suicide vest at Bagram Airfield in Afghanistan during a Veterans Day 5K race in 2016.

The majority opinion, written by Justice Clarence Thomas and joined by Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson, rejected the idea that contractors are automatically shielded from liability when their conduct was not authorized by the military. The court vacated a lower court ruling that had dismissed Hencely's lawsuit.

Hencely suffered severe injuries, including a fractured skull and brain damage, which left him permanently disabled. An Army investigation found that Fluor failed to properly supervise Ahmad Nayeb, an Afghan employee who built the explosive vest on the job site inside the base. The company argued it was immune from lawsuits because it was working for the federal government during wartime.

Justices Samuel Alito, John Roberts, and Brett Kavanaugh dissented, arguing that allowing state lawsuits could interfere with federal war powers. Alito wrote that the Constitution gives the federal government exclusive authority over foreign affairs and the conduct of wars, which should preempt state law in such matters.

The case now returns to a lower court for further proceedings. The ruling marks a significant shift in legal precedent, potentially opening the door for other troops injured in combat zones to sue military contractors for negligence or misconduct.