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Hencely v. Fluor Corp. · ¶39

Perhaps sensing this, Fluor and the Government argue that, even without Boyle, the Constitution's structure implicitly preempts any suit against a military contractor operating in a combat zone. See Brief for Respondents 30–33; Brief for United States as Amicus Curiae 30. This argument has no basis in the text of the Constitution or our precedent.
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