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Supreme Court Rejects Yearsley Immunity for Contractors

2/25/2026

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Summary

Story summary

The Supreme Court ruled unanimously on February 25, 2026, in The Geo Group, Inc. v. Alejandro Menocal, that the Yearsley defense does not grant immunity.
Justice Elena Kagan stated that review is allowed only after a final judgment, so contractors cannot appeal denials of Yearsley protection immediately.
Justice Samuel Alito concurred and described the majority's reliance on the legality of conduct as oversimplified.

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Story summary

The Supreme Court ruled unanimously on February 25, 2026, in The Geo Group, Inc. v. Alejandro Menocal, that the Yearsley defense does not grant immunity.
Justice Elena Kagan stated that review is allowed only after a final judgment, so contractors cannot appeal denials of Yearsley protection immediately.
Justice Samuel Alito concurred and described the majority's reliance on the legality of conduct as oversimplified.