In a 6-3 decision, the Supreme Court on Wednesday allowed a lawsuit brought by a U.S. military veteran injured in a Taliban suicide bombing to go forward, reversing a lower court’s decision to dismiss it.
In 2016, former US Army specialist Winston Tyler suffered skull and brain injuries when a suicide vest detonated by a Taliban operative working for military contractor Floor Corporation at Bagram Airfield in Afghanistan.
The U.S. District Court for the District of South Carolina granted summary judgment for Floor, and the U.S. Court of Appeals for the Fourth Circuit affirmed, the opinion notes.
The majority opinion, written by Justice Clarence Thomas, rejected a broad “battlefield preemption” doctrine that would have blocked state-law claims related to combat activities. Thomas — joined by Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett and Ketanji Brown Jackson — wrote that military contractors are not automatically immune from liability when their conduct was not authorized by the military — even in war zones.
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U.S. Supreme Court Justice Clarence Thomas speaks during a special lecture celebrating the 250th anniversary of the signing of the Declaration of Independence on Wednesday, April 15, 2026, at the Hogg Memorial Auditorium at the University of Texas.
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“The Fourth Circuit’s decision therefore preempted the claims, even though the conduct complained of was not ordered or authorized by the federal government. No provision of the Constitution and no federal law justify preemption of state general rights in tort cases. Nor is there any precedent of such an order by this court. The Fourth Circuit and the case remand for further proceedings consistent with this opinion,” Wednesday’s decision declares.
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“In 2016, a Taliban operative working for defendant Floor Corporation, a military contractor, carried out a suicide bombing at Bagram Airfield in Afghanistan. Then-Army Specialist Winston T. So after confronting him, the bomber detonated his suicide vest,” the opinion states. “As a result of the injuries he sustained, he is now permanently disabled.”
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Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington, DC on October 7, 2022.
“In an effort to recover for his injuries, he therefore sued Fluor, bringing state-law claims for negligent placement and supervision of the assailant. According to Hencely and the United States Army, Fluor’s conduct was not authorized by the Army and violated the Army’s instructions as a condition not to operate under opinion.”
Justice Samuel Alito, Chief Justice John Roberts and Justice Brett Cavanaugh dissented.
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Flowers decorate the front lawn of the US Supreme Court building on March 31, 2026 in Washington, DC
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“Can a state regulate security arrangements on a military base in an active war zone? Can state judges and juries rule on questions involving military decisions that balance war-related risks against long-term strategic objectives? In my judgment, the answer to these questions must be ‘no,’ and for this reason, this state has provided statutory provisions through pre-war laws. The authority rests with the federal government alone,” Alito wrote, leading the dissent.
“The Constitution divides power between the federal government and the states in many areas, but not when it comes to war. War is the sole domain of the federal government, but the courts allow states (or foreign law) to encroach on that domain. The Constitution prevents that encroachment, and so the petitioner’s case is put on a somewhat more dignified note.
Original article source: Supreme Court favors Clarence Thomas in Taliban suicide bomber case, 3 others dissent
