Geo Group, Inc. v. Menocal · ¶32

Once Yearsley is understood in that way—as a merits defense—the question before us almost answers itself: No, a district court's denial of Yearsley protection is not immediately appealable under § 1291. Like the denial of other defenses, such a ruling is not, as Cohen's third condition demands, “effectively unreviewable on appeal from a final judgment.” Van Cauwenberghe, 486 U. S., at 522. The right that a merits defense affords is to a finding of non- liability. And that right—unlike the right not to stand trial— is fully vindicable on appeal from a final judgment. See Swint v. Chambers County Comm'n, 514 U. S. 35, 43 (1995); supra, at 446–447. All an appellate court need do at that point is reverse the erroneous liability finding. So the finality rule of § 1291 precludes interlocutory review of a Year sley denial.

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