Skip to main content
Mark W. Mosier

Mark W. Mosier

May 1, 2026

John RobertsSOUNDBITE_SPEAKER
33:57
Mr. Moser?
33:59
Mr.
33:59
Chief Justice, and may it please the court, this case arises out of an enemy attack on U.S. military forces on a foreign battlefield in time of war.
34:10
Petitioners sued Flohr under South Carolina tort law for failing to prevent that act of war.
34:17
Those state law claims are preempted because they conflict with uniquely federal interests.
34:23
Petitioners' claims interfere with the federal government's exclusive war-making powers.
34:29
The Constitution vests all war powers in the federal government and expressly withdraws from the states the power to engage in war.

24 MINS LATER

Samuel AlitoSOUNDBITE_SPEAKER
59:04
So wouldn't the rule that we adopt have to deal with all three of those situations?

We value your privacy

We use cookies to understand how you use our platform and to improve your experience. Click “Accept All” to consent, or “Decline non-essential” to opt out of non-essential cookies. Read our Privacy Policy.