Fluor Says Bid to Reopen Bombing Lawsuit Ignores Constitution

Fluor Corp. told the US Supreme Court it shouldn’t reinstate a suit seeking to hold the defense contractor responsible for failing to stop an Afghanistan suicide bomb attack in 2016.

An appeals court decision rejecting US soldier Winston Hencely’s suit should stand because applying tort law on the battlefield would restrict military decisionmaking and hurt national security, Fluor said in a Monday response brief.

The US Constitution doesn’t allow suits like Hencely’s to interfere with the government’s exclusive war-making powers, Fluor said.

Hencely was severely injured in the Nov. 12, 2016, attack at Bagram Airfield. His 2019 suit against Fluor, ...