Geo Group, Inc. v. Menocal · ¶48

Over the ensuing decades, the Court expanded its application of the “effectively unreviewable” requirement to include orders that undoubtedly would not become moot by final judgment. For example, in Abney v. United States, 431 U. S. 651 (1977), and Helstoski v. Meanor, 442 U. S. 500 (1979), the Court held that denials of defenses under the Double Jeopardy Clause and Speech or Debate Clause satisfied Cohen even though these protections could be “vindicated on an appeal following final judgment.” Abney, 431 U. S., at 660. Like most criminal-law defenses, double- jeopardy and speech-or-debate issues merge into the final judgment, and a reviewing court can grant meaningful relief on these grounds by reversing a defendant's conviction. Abney and Helstoski nevertheless held that denials of relief under these two Clauses were collateral orders.

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