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Ocelot II

(130,913 posts)
1. That's a bit of a surprise. I can't remember the last case where Thomas was on the same side
Wed Apr 22, 2026, 11:43 AM
Wednesday

as all 3 liberals.

MichMan

(17,276 posts)
11. There are plenty of 9-0 decisions; it's not all that unusual
Wed Apr 22, 2026, 12:52 PM
Wednesday

Here isa post here about an 8-0 decision (Alito recused himself) just last week for example

https://democraticunderground.com/?com=view_post&forum=1014&pid=3652056

Ocelot II

(130,913 posts)
12. It *is* unusual where the court is divided and Thomas didn't side with Roberts and Alito.
Wed Apr 22, 2026, 01:32 PM
Wednesday

MichMan

(17,276 posts)
13. That is more unusual
Wed Apr 22, 2026, 05:41 PM
Wednesday

But Thomas being on the same side of Kagan, Sotomayor and Brown-Jackson is fairly common as many decisions are either unanimous or close to it.

QED

(3,355 posts)
2. Context? Summary of decision?
Wed Apr 22, 2026, 11:50 AM
Wednesday

I don't want to click a link to find out, maybe for details, but not for some sense of what the case is about.

hlthe2b

(114,273 posts)
5. Isn't this just a grant of Certiorari to hear a case? If so, not all that surprising or indicative of anything
Wed Apr 22, 2026, 12:02 PM
Wednesday

is it? Just that they agree they should HEAR the case...

Shrek

(4,438 posts)
8. No, it's an opinion
Wed Apr 22, 2026, 12:23 PM
Wednesday
The Fourth Circuit’s decision held Hencely’s claims preempted even though the conduct complained of was neither ordered nor authorized by the Federal Government. No provision of the Constitution and no federal statute justifies that preemption of the State’s ordinary authority over tort suits. Nor does any precedent of this Court command such a result. Therefore, we vacate the judgment of the Fourth Circuit and remand the case for further proceedings consistent with this opinion.

Shrek

(4,438 posts)
6. Here's a WaPo link for those who asked
Wed Apr 22, 2026, 12:15 PM
Wednesday
https://archive.is/iZYMU

The Supreme Court on Wednesday cleared the way for a soldier seriously wounded while attempting to thwart a suicide bombing in Afghanistan to sue a contractor that the military found was negligent in the incident.

The 6-3 ruling will make it easier for soldiers hurt in combat zones to win damages if they allege that contractors are responsible for their injuries. Contractors have become a larger part of military operations around the world in recent years. Justices Samuel A. Alito Jr., John G. Roberts Jr. and Brett M. Kavanaugh dissented.

usonian

(26,015 posts)
10. A bit more from the pdf
Wed Apr 22, 2026, 12:29 PM
Wednesday

Military contractor Fluor Corporation hired Ahmad Nayeb to work at a U. S. base in Afghanistan as part of the “Afghan First” initiative, a military program that required contractors to hire Afghans to help stimulate the local economy and stabilize the Afghan Government. Nayeb, a Taliban operative, later carried out a suicide-bomb attack at the base that killed 5 and wounded 17. The Army’s investigation found Fluor primarily responsible for the attack because it negligently su- pervised Nayeb in complying with base procedures. Former Army spe- cialist Winston T. Hencely, who suffered a fractured skull and brain injuries in the course of stopping Nayeb before he could reach a larger crowd, sued Fluor in the United States District Court for the District of South Carolina seeking damages under South Carolina law for neg- ligent supervision, negligent entrustment of tools, and negligent reten- tion of Nayeb. The District Court entered summary judgment for Fluor, and the Fourth Circuit affirmed. It held that during wartime, state-law claims against military contractors under military command arising out of combatant activities are preempted. The Fourth Circuit reasoned that the Federal Tort Claims Act’s combatant-activities ex- ception, which preserves the Federal Government’s immunity against claims “arising out of the combatant activities of the military” during wartime, 28 U. S. C. §2680(j), also reflects a congressional intent to bar tort suits against contractors connected with those combatant activi- ties, even when the contractor is alleged to have violated its instruc- tions from the military.

Held: The Fourth Circuit erred in finding Hencely’s state-law tort claims preempted where the Federal Government neither ordered nor author- ized Fluor’s challenged conduct. Pp. 5–15.

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