Justice Thomas Leads Unusual 6-3 Supreme Court Split in Hencely v. Fluor Corp.

Supreme Court Rules 6-3 in Hencely v. Fluor Corp.

The Supreme Court issued a 6-3 decision in Hencely v. Fluor Corp., a case centered on federal preemption. The vote split defied conventional expectations, with Justice Thomas writing the majority opinion, joined by Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson.

Dissenting were Justice Alito, joined by Chief Justice Roberts and Justice Kavanaugh.

An Unusual Conservative-Liberal Alliance

This case highlights a rare alignment where conservative justices sided with their liberal counterparts. Justice Thomas has long expressed skepticism toward federal preemption, arguing it undermines state sovereignty. His stance was evident in Wyeth v. Levine (2009), where he joined the liberal majority.

Justice Gorsuch appears to share Thomas’s views on preemption, while Justice Barrett’s alignment remains less predictable. In this case, however, she joined Thomas and Gorsuch in the majority.

Roberts, Alito, and Kavanaugh Favor Broader Preemption

By contrast, Chief Justice Roberts, Justice Alito, and Justice Kavanaugh traditionally support broader federal preemption standards. Their dissent in Hencely v. Fluor Corp. reflects this longstanding judicial philosophy.

Justice Thomas Assigns Himself the Majority Opinion

Notably, Justice Thomas assigned himself the majority opinion—a rare occurrence. Given Chief Justice Roberts’ infrequent dissents, cases where Thomas leads the majority while Roberts is in the minority are uncommon. As the senior associate justice, Thomas assigns few majority opinions.

Impact on Upcoming Case: Monsanto Company v. Durnell

While Hencely v. Fluor Corp. may not dominate headlines, its implications could shape the outcome of next week’s argument in Monsanto Company v. Durnell, another preemption case involving the Roundup pesticide.

Though a ruling for the plaintiff could disrupt the agricultural market, the case is far from straightforward. Both sides are represented by top-tier attorneys: Paul Clement for Monsanto and Ashley Keller for Durnell. Keller, a prominent conservative plaintiff-side attorney, previously argued Mallory v. Norfolk Southern Railway, nearly overturning International Shoe Co. v. Washington.

Keller is joined by Jonathan Mitchell, known as "The Genius," on the briefs. The legal battle promises to be closely contested, with Keller’s strategy even tying Clement to Loper Bright.

Given the outcome in Hencely v. Fluor Corp., Monsanto may face an uphill battle securing a five-justice majority.

All eyes will be on the Supreme Court next week as arguments in Monsanto Company v. Durnell unfold.