SCOTUS heard argument yesterday in GEO Group v. Menocal, on whether the immunity that federal contractors enjoy is subject to COD review. (This was on the original list of cases for our class, but it dropped when enrollment dropped).
The argument hits a lot of the things we discussed on COD: The difficulty of distinguishing a defense from an immunity; the fact that it is easy to call something one or the other; the need to find that delayed review harms an interest beyond litigation burdens (citing Digitial and Will). The respondent's attorney does an excellent job.
