The GEO Group v. Menocal

The Court decided that GEO Group cannot immediately appeal a pretrial order rejecting its Yearsley defense. Yearsley is a defense for federal contractors acting under lawful government authorization, not protection from having to face a lawsuit.

Justice Kagan wrote the 9–0 opinion, joined by Chief Justice Roberts and Justices Sotomayor, Gorsuch, Barrett, Jackson, and Kavanaugh; Justices Alito and Thomas concurred.

Justice Kagan wrote for the Court. The vote count and other opinion lineup details were not provided.

Majority

Kagan

Roberts

Alito

Thomas

Sotomayor

Gorsuch

Barrett

Jackson

Kavanaugh

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

People suing GEO and other federal contractors can continue their cases without waiting for a separate appeal. For example, a contractor operating a detention facility must generally litigate through final judgment before appealing this defense.

The underlying case can proceed in the normal course in lower court. GEO may raise its Yearsley defense in an appeal after final judgment.

The Court said GEO cannot immediately appeal the denial of its Yearsley defense. It must wait for final judgment before appealing.

Federal contractors and people suing them are affected. Contractors generally cannot pause a case for an immediate appeal after a Yearsley defense is rejected.

The underlying lawsuit proceeds in lower court. GEO can seek review of its Yearsley defense after final judgment.