The wide-ranging fallout from the Supreme Court’s new terrorism decision, explained |
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The wide-ranging fallout from the Supreme Court’s new terrorism decision, explained
The Court’s Republican majority fractured in a case that could impact everyone from immigrants to consumers.
The facts underlying Hencely v. Fluor Corporation, a case the Supreme Court handed down on Wednesday, are horrible and tragic.
During a 2016 Veterans Day celebration on Bagram Airfield, a US military base in Afghanistan, a suicide bomber named Ahmad Nayeb detonated an explosion that killed five people and wounded 17 more. One of the wounded was Army Specialist Winston Hencely, who confronted the bomber and attempted to question him — causing Nayeb to set off his suicide vest shortly after Hencely approached him.
Get the latest developments on the US Supreme Court from senior correspondent Ian Millhiser.
The Army believes that Hencely’s actions “likely prevent[ed] a far greater tragedy,” because the soldier stopped Nayeb from triggering the explosion in a location where it could have killed more people. Hencely is now permanently disabled from skull and brain injuries suffered during the bombing.
The legal issue in Hencely involves “preemption,” a constitutional principle dictating that, when federal law and state law are at odds with each other, the federal law prevails and will often displace the state law entirely. After the bombing, Hencely sued Fluor Corporation, a military contractor that employed Nayeb, claiming that Fluor violated South Carolina law by failing to adequately supervise Nayeb. Fluor has two subsidiaries in South Carolina.
In Hencely, six justices concluded that the wounded soldier’s lawsuit is not preempted, and thus does not need to be dismissed before any court determines if Fluor should be liable. While all three of the Court’s Democrats sided with Hencely, the case cleaved the Republican justices straight down the middle (and not in the way that the Republican justices ordinarily split when they split down the middle). Justice Clarence Thomas wrote the majority opinion, which was also joined by Republican Justices Neil Gorsuch and Amy Coney Barrett. Justice Samuel Alito wrote the dissent, joined by Chief Justice John Roberts and Justice Brett Kavanaugh.
The question of when a particular state law is preempted by federal law does not always divide the justices along familiar political lines. An expansive approach to preemption sometimes yields results........