Geo Group, Inc. v. Menocal · ¶26

For just that reason, the parties here mainly dispute whether our Yearsley decision offers federal contractors a merits defense or instead an immunity. Menocal (supported by the United States as amicus curiae) says a defense, because Yearsley gives contractors only a way to show that their conduct complied with the law. GEO says an immunity—more specifically, “derivative sovereign immunity.” Brief for GEO 15. Under Yearsley, GEO contends, the Government's own immunity extends to contractors who meet specified conditions, thereby giving them the “right not to stand trial.” Brief for GEO 15. So which is it—a defense or an immunity?

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