United States v. MacGregor

Summary

The First Circuit dismissed as premature the interlocutory appeals of a state judge and courtroom deputy charged with obstructing federal immigration enforcement. The court held that the collateral order doctrine did not confer jurisdiction because the claimed defenses—common-law judicial immunity, Tenth Amendment anti-commandeering, and federalism/due process—did not constitute explicit statutory or constitutional rights not to be tried, and the denial of a motion to dismiss for failure to state an offense is reviewable after final judgment. The appeals were dismissed without reaching the merits.

Holdings

1. The denial is not immediately appealable because judicial immunity does not provide an explicit statutory or constitutional guarantee against trial, as required by Midland Asphalt.
2. The denial is not immediately appealable because the Tenth Amendment does not confer an explicit right not to be tried, and the claim is not completely separate from the merits.
3. The denial is not immediately appealable because there is no explicit guarantee against trial, and any due process violation can be vindicated on final appeal.
4. The denial is not immediately appealable because such orders are not collateral and can be reviewed after final judgment.

Questions Presented

1. Whether the denial of Judge Joseph's claim of absolute judicial immunity is immediately appealable under the collateral order doctrine.
2. Whether the denial of the defendants' Tenth Amendment anti-commandeering claim is immediately appealable.
3. Whether the denial of the defendants' federalism/due process claim is immediately appealable.
4. Whether the denial of the motion to dismiss for failure to state an offense is immediately appealable.

Disposition

dismissed