The GEO Group, Inc., Petitioner v. Alejandro Menocal, et al.

The Supreme Court said GEO Group, a private company running an immigration detention facility, cannot immediately appeal a trial-court order rejecting its Yearsley defense. The Court said Yearsley is a defense to liability, not immunity from suit, so GEO must wait until final judgment to appeal.

Justice Kagan wrote for the Court. The prompt does not provide the vote count or any separate opinions.

Majority

Kagan

Roberts

Alito

Thomas

Sotomayor

Gorsuch

Barrett

Jackson

Kavanaugh

“Yearsley provides a defense to liability, not immunity from suit.”

Private companies working for the federal government cannot automatically pause a case for an early appeal just by claiming Yearsley protection. For example, a detention-facility operator may now have to keep litigating through discovery or trial before an appeals court reviews that defense.

The case goes back to the lower courts, where GEO Group must continue defending against the claims. Lower courts will likely treat denials of Yearsley protection as not immediately appealable under the collateral-order doctrine (a narrow rule allowing some early appeals).

The dispute was whether GEO Group could take an immediate appeal after a court rejected its Yearsley defense. The Supreme Court said no.

They may have to keep litigating even after a judge rejects a Yearsley defense. That can mean more discovery, delay, and legal costs before appellate review.

GEO Group must return to the lower court and continue the case toward final judgment. Similar defendants usually cannot use an early appeal after losing on Yearsley.