Jacqueline Stevens writes: "
[T]he court held that a longstanding government program aimed at reducing detainees’ idle time may now be categorically unjust some standard that no one has quite pinned down....GEO is being sued for carrying out lawful and longstanding federal policies under an existing federal contract....If interlocutory appeals are still denied, contractors will face a tidal wave of class actions by hundreds of thousands of detainees before a single federal appellate court has reviewed de novo the merits of these TVPA and unjust enrichment claims...
The combined force of these suits—and more that are sure to follow on the tailwinds of the panel’s decision—are burdensome to GEO and threaten to pass on greater costs to American taxpayers, as the costs of private detention services must rise in response to the litigation. Indeed, that is plainly the goal: to reduce the availability of one of the federal government’s chosen means of carrying out its Constitutional mandate to control the nation’s borders. That alone warrants this Court’s intervention.