Geo Group, Inc. v. Menocal · ¶53

As these decisions illustrate, we have been cautious in recent years about expanding the collateral-order doctrine, but we have not closed the book on Cohen. Just two Terms ago, we designated another defense as an immunity and evaluated it in an interlocutory posture. See Trump v. United States, 603 U. S. 593, 635 (2024) (citing Mitchell, 472 U. S., at 524– 530); 603 U. S., at 654–655 (Barrett, J., concurring in part). The test for determining whether a defense constitutes an immunity therefore remains keyed to the interests that an immediate appeal would vindicate. If postponing review of a wrongly denied defense would undermine important constitutional or policy interests, that defense constitutes an immunity.

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