Opinion of the Court
but also civil and criminal litigation—require parties to wait before appealing, even when doing so subjects them to “significant burdens.” Brief for Federal Parties 47–49. That is true, and will remain so: Nothing we say today portends newfound enthusiasm for interlocutory review. Return, for example, to Thunder Basin and Elgin. There, the coal company and federal employee could both have argued that the statutory review process would subject them to greater litigation costs than their preferred suit in district court. But that would not have mattered. We have made clear, just as the Government says, that “the expense and disruption” of “protracted adjudicatory proceedings” on a claim do not justify immediate review. FTC v. Standard Oil Co. of Cal., 449 U. S. 232, 244 (1980); see, e.g., Myers v. Bethlehem Shipbuilding Corp., 303 U. S. 41, 51 (1938). What makes the difference here is the nature of the claims and accompanying harms that the parties are asserting. Again, Axon and Cochran protest the “here-and-now” injury of subjection to an unconstitutionally structured decisionmaking process. See supra, at 13. And more, subjection to that process irrespective of its outcome, or of other decisions made within it. A nearer analogy than any the Government offers is to our established immunity doctrines. There, we have identified certain rights “not to stand trial” or face other legal processes. Mitchell v. Forsyth, 472 U. S. 511, 526 (1985). And we have recognized that those rights are “effectively lost” if review is deferred until after trial. Ibid. So too here, Axon and Cochran will lose their rights not to undergo the complained-of agency proceedings if they cannot assert those rights until the proceedings are over.
The collateralism factor favors Axon and Cochran for much the same reason—because they are challenging the Commissions’ power to proceed at all, rather than actions taken in the agency proceedings. That distinction, as noted
