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

GEO Group asked whether it could immediately appeal after a lower court rejected its Yearsley defense in a lawsuit over an immigration detention facility. The Supreme Court said no: Yearsley is a defense against liability, not protection from having to stay in the case, so GEO must wait for a final judgment before appealing.

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.”

This means federal contractors cannot automatically stop a case and seek early appellate review every time a judge rejects a Yearsley defense. For example, a private company running a detention facility may have to keep litigating in the trial court before asking an appeals court to review that issue.

The case goes back to the lower courts for the lawsuit to continue. Lower courts must treat Yearsley as a defense that can be reviewed after final judgment, and contractors will need to plan their litigation around that rule.

The dispute was whether GEO Group could immediately appeal after a court rejected its Yearsley defense. The Supreme Court said it could not.

Private companies doing work for the federal government are most affected. If a judge rejects their Yearsley defense, they usually must keep litigating first.

GEO Group returns to the lower court, where the lawsuit continues. Similar cases will generally wait until final judgment before appealing the Yearsley issue.