Lisa Himes Analyzes SCOTUS Hencely Decision in Federal Drive Interview

Lisa N. Himes, Of Counsel at Rogers Joseph O’Donnell P.C., appeared on the Federal News Network’s The Federal Drive with Terry Gerton on May 11, 2026, to analyze the U.S. Supreme Court’s decision in Hencely v. Fluor Corp. and its potential implications for government contractors. Himes previously served as a guest on the show last fall to discuss oral arguments in the case. 

In the latest interview, Himes examined the Supreme Court’s 6-3 ruling, which held that government contractors are not entitled to preemption under the Federal Tort Claims Act’s combatant activities exception. The case stems from a 2016 suicide bombing at Bagram Airfield in Afghanistan involving an Afghan national employed by a Fluor subcontractor.

Himes explained that the ruling could significantly reshape how contractors approach work in combat environments. She noted that contractors may now face increased scrutiny over whether their actions are expressly authorized by the government, potentially affecting how contracts are structured and how operational directives are documented.

“The contractors are going to look at this, and I think there’s going to be an analysis of, are we doing things that are authorized by the federal government when we’re over and performing work in support of the government?” Himes said during the interview. “Because if we’re not, we’re more hesitant to take on the work.”

Himes also discussed the strong dissent authored by Justice Samuel Alito, which she said provides a roadmap for political question doctrine arguments in similar tort litigation. She noted that courts may increasingly confront questions involving military decision-making, operational strategy and the extent to which litigation could intrude into sensitive military matters.

During the conversation, Himes further addressed how the ruling may influence the Defense Department’s use of contractors in active combat zones and what legal and operational questions contractors and the government are likely to evaluate going forward.

The Federal Drive episode featuring Lisa Himes is available on the Federal News Network website. 

Himes focuses her practice primarily on government contracts matters. She has more than 25 years of experience litigating and consulting involving a wide range of matters. She has significant experience asserting federal doctrines and defenses, such as federal officer removal, the political question doctrine, combatant activities preemption, derivative sovereign immunity, and the government contractor defense. She also specializes in cyber and industrial security matters, particularly those involving Controlled Unclassified Information, Foreign Ownership, Control or Influence issues, and cyber breach matters.