The GEO Group, Inc. v. Menocal
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 Elena Kagan on Feb 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.
Jan 13, 2025Petition for a writ of certiorari filed. (Response due February 18, 2025)Feb 4, 2025Motion to extend the time to file a response from February 18, 2025 to March 20, 2025, submitted to The Clerk.
Feb 5, 2025Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2025.
Feb 14, 2025Brief amicus curiae of Professional Services Council filed.Feb 14, 2025Brief amicus curiae of Renown Health filed.Mar 13, 2025Motion to extend the time to file a response from March 20, 2025 to April 21, 2025, submitted to The Clerk.Mar 14, 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2025.
Apr 21, 2025Brief of respondents Alejandro Menocal, et al. in opposition filed.May 2, 2025Reply of petitioner The GEO Group, Inc. filed. (Distributed)May 6, 2025DISTRIBUTED for Conference of 5/22/2025.
May 27, 2025DISTRIBUTED for Conference of 5/29/2025.
Jun 2, 2025Petition GRANTED.
Jun 20, 2025Motion for an extension of time within which to file the briefs on the merits filed.Jun 24, 2025Motion 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.
Jul 18, 2025Motion to dispense with printing the joint appendix filed by petitioner The GEO Group, Inc.Jul 31, 2025Brief of petitioner The GEO Group, Inc. filed.Aug 6, 2025Brief amicus curiae of Nevada Hospital Association filed.Aug 7, 2025Brief amicus curiae of Chamber of Commerce of the United States filed.Aug 7, 2025Brief amicus curiae of Professional Services Council filed.Aug 7, 2025Brief amicus curiae of Coalition for Common Sense in Government Procurement filed.Aug 7, 2025Brief amicus curiae of Professor Alexander Volokh filed.Aug 7, 2025Brief amicus curiae of MVM, Inc. filed.Aug 12, 2025SET FOR ARGUMENT on Monday, November 10, 2025.
Aug 21, 2025Record requested from the United States Court of Appeals for the Tenth Circuit.
Aug 25, 2025Record received electronically from the United States District Court for the District of Colorado and available with the Clerk.
Sep 5, 2025Record 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.
Sep 15, 2025Brief of respondents Alejandro Menocal, et al. filed.Sep 22, 2025Amicus brief of Citizens for Responsibility and Ethics in Washington not accepted for filing. (Corrected version to be efiled - September 22, 2025)
Sep 22, 2025Brief amici curiae of Roderick & Solange MacArthur Justice Center, et al. filed.Sep 22, 2025Brief amicus curiae of Professor Erwin Chemerinsky filed.Sep 22, 2025Brief amicus curiae of American Association for Justice filed.Sep 22, 2025Brief amicus curiae of United States filed.Sep 22, 2025Brief amicus curiae of Citizens for Responsibility and Ethics in Washington filed.Sep 22, 2025Brief amicus curiae of Public Citizen filed.Sep 22, 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Sep 22, 2025Brief amicus curiae of American Federation of State, County and Municipal Employees filed. (Distributed)Sep 25, 2025Letter of respondent Alejandro Menocal, et al. filed.Sep 30, 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 30, 2025CIRCULATED
Oct 14, 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 15, 2025Reply of petitioner The GEO Group, Inc. filed. (Distributed)Nov 10, 2025Argued. 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.)
Feb 25, 2026Judgment 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.
Mar 30, 2026Judgment Issued.Recommended Citation: The GEO Group, Inc. v. Menocal, SCOTUSblog, https://www.scotusblog.com/cases/the-geo-group-inc-v-menocal/