Summary
U.S. Supreme Court Justice Brett Kavanaugh raised concerns about military actions being put on trial while the court reviews whether a contractor can be liable for military operations. This comes from a case where a former soldier, Winston T. Hencely, sued government contractor Fluor after being injured in Afghanistan by a suicide bomber working for a subcontractor. The court is examining if contractors have the same legal protections as the military under federal laws.
Key Facts
- Justice Kavanaugh questioned the possibility of military actions being examined in state courts.
- The case involves Winston T. Hencely, who was injured in a 2016 suicide attack in Afghanistan.
- Fluor is arguing that the lawsuit could affect federal control over military actions.
- The Federal Tort Claims Act (FTCA) usually grants the government immunity from lawsuits but is unclear about contractors.
- Justice Gorsuch questioned why Congress, not the court, isn't deciding on contractor immunity.
- Fluor says they were not informed about the bomber's Taliban ties by the military.
- The case decision is pending and expected early next year.
