Hencely v. Fluor Corp. · ¶48

May a State regulate security arrangements on a military base in an active warzone? May state judges and juries pass judgment on questions that are inextricably tied to military decisions that balance war-related risks against longterm strategic objectives? In my judgment, the answer to these questions must be “no,” and for that reason, this state- law tort case is preempted by the Constitution's grant of war powers exclusively to the Federal Government.

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