The GEO Group, Inc. v. Menocal
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 24-758 | 10th Cir. | Nov 10, 2025 | Feb 25, 2026 | 9-0 | Kagan | OT 2025 |
Holding: Because the court’s decision in Yearsley v. W.A. Ross Construction Co. provides federal contractors a potential merits defense rather than an immunity from suit, a pretrial order denying Yearsley protection is not immediately appealable.
Judgment: Affirmed and remanded, 9-0, in an opinion by Justice Kagan on February 25, 2026. Justice Thomas joined Parts I and III of the majority opinion and wrote an opinion concurring in part and concurring in the judgment. Justice Alito wrote an opinion concurring in the judgment.
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| Date | Proceedings and Orders |
|---|---|
| 01/13/2025 | Petition for a writ of certiorari filed. (Response due February 18, 2025) |
| 02/04/2025 | Motion to extend the time to file a response from February 18, 2025 to March 20, 2025, submitted to The Clerk. |
| 02/05/2025 | Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2025. |
| 02/14/2025 | Brief amicus curiae of Professional Services Council filed. |
| 02/14/2025 | Brief amicus curiae of Renown Health filed. |
| 03/13/2025 | Motion to extend the time to file a response from March 20, 2025 to April 21, 2025, submitted to The Clerk. |
| 03/14/2025 | Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2025. |
| 04/21/2025 | Brief of respondents Alejandro Menocal, et al. in opposition filed. |
| 05/02/2025 | Reply of petitioner The GEO Group, Inc. filed. (Distributed) |
| 05/06/2025 | DISTRIBUTED for Conference of 5/22/2025. |
| 05/27/2025 | DISTRIBUTED for Conference of 5/29/2025. |
| 06/02/2025 | Petition GRANTED. |
| 06/20/2025 | Motion for an extension of time within which to file the briefs on the merits filed. |
| 06/24/2025 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 31, 2025. The time to file respondents' brief on the merits is extended to and including September 15, 2025. |
| 07/18/2025 | Motion to dispense with printing the joint appendix filed by petitioner The GEO Group, Inc. |
| 07/31/2025 | Brief of petitioner The GEO Group, Inc. filed. |
| 08/06/2025 | Brief amicus curiae of Nevada Hospital Association filed. |
| 08/07/2025 | Brief amicus curiae of Chamber of Commerce of the United States filed. |
| 08/07/2025 | Brief amicus curiae of Professional Services Council filed. |
| 08/07/2025 | Brief amicus curiae of Coalition for Common Sense in Government Procurement filed. |
| 08/07/2025 | Brief amicus curiae of Professor Alexander Volokh filed. |
| 08/07/2025 | Brief amicus curiae of MVM, Inc. filed. |
| 08/12/2025 | SET FOR ARGUMENT on Monday, November 10, 2025. |
| 08/21/2025 | Record requested from the United States Court of Appeals for the Tenth Circuit. |
| 08/25/2025 | Record received electronically from the United States District Court for the District of Colorado and available with the Clerk. |
| 09/05/2025 | Record received from the United States Court of Appeals for the 10th Circuit and available with the Clerk. The record is electronic and is available on PACER. |
| 09/15/2025 | Brief of respondents Alejandro Menocal, et al. filed. |
| 09/22/2025 | Amicus brief of Citizens for Responsibility and Ethics in Washington not accepted for filing. (Corrected version to be efiled - September 22, 2025) |
| 09/22/2025 | Brief amici curiae of Roderick & Solange MacArthur Justice Center, et al. filed. |
| 09/22/2025 | Brief amicus curiae of Professor Erwin Chemerinsky filed. |
| 09/22/2025 | Brief amicus curiae of American Association for Justice filed. |
| 09/22/2025 | Brief amicus curiae of United States filed. |
| 09/22/2025 | Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed. |
| 09/22/2025 | Brief amicus curiae of Public Citizen filed. |
| 09/22/2025 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/22/2025 | Brief amicus curiae of American Federation of State, County and Municipal Employees filed. (Distributed) |
| 09/25/2025 | Letter of respondent Alejandro Menocal, et al. filed. |
| 09/30/2025 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 09/30/2025 | CIRCULATED |
| 10/14/2025 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/15/2025 | Reply of petitioner The GEO Group, Inc. filed. (Distributed) |
| 11/10/2025 | Argued. For petitioner: Dominic E. Draye, Washington, D. C. For respondents: Jennifer D. Bennett, San Francisco, Cal.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 02/25/2026 | Judgment is AFFIRMED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined, and in which Thomas, J., joined as to Parts I and III. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in the judgment. |