Geo Group, Inc. v. Menocal · ¶64

Of course, whether a defense turns on the legality of a defendant's conduct can be relevant to the collateral-order analysis. For example, the degree of overlap between a defense and a defendant's conduct can bear on whether an order is “ `separate from the merits of the action.' ” Ante, at 447, n. 3; but see Mitchell, 472 U. S., at 527. It is also true that certain “immunities from suit” are jurisdictional bars that shield a defendant from judicial process regardless of whether it acted lawfully. See, e. g., 28 U. S. C. § 1604 (codifying foreign sovereign immunity as a jurisdictional bar); Seminole Tribe of Fla. v. Florida, 517 U. S. 44, 72–73 (1996) (treating state sovereign immunity as a jurisdictional limit).

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