Department of Homeland Security v. MacLean
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-894 | Fed. Cir. | Nov 4, 2014 | Jan 21, 2015 | 7-2 | Roberts | OT 2014 |
Holding: A federal air marshal who publicly disclosed that the TSA had decided to cut costs by removing air marshals from certain long-distance flights is entitled to protection under the federal whistleblower statute because his disclosure does not fall within the statute"s exception for disclosures "specifically prohibited by law." Although the disclosure was specifically prohibited by a TSA regulation, the exception does not apply to rules and regulations, nor was it specifically prohibited by the statute that authorized the TSA to promulgate those regulations.
Judgment: Affirmed, 7-2, in an opinion by Chief Justice Roberts on January 21, 2015. Justice Sotomayor filed a dissenting opinion, in which Justice Kennedy joined.
SCOTUSblog Coverage
- Opinion analysis: Justices adopt broad view of whistleblower protections in air marshal dispute (Steve Vladeck, January 21, 2015)
- Argument analysis: Governments position in air marshal whistleblower case too subtle for Justices (Steve Vladeck, November 6, 2014)
- Argument preview: How much control do agencies have over what whistleblowers may disclose? (Steve Vladeck, October 31, 2014)
- A look at a whistleblower law (Lyle Denniston, May 19, 2014)
| Date | Proceedings and Orders |
|---|---|
| 11/18/2013 | Application (13A503) to extend the time to file a petition for a writ of certiorari from November 28, 2013 to December 28, 2013, submitted to The Chief Justice. |
| 11/19/2013 | Application (13A503) granted by The Chief Justice extending the time to file until December 28, 2013. |
| 12/17/2013 | Application (13A503) to extend further the time to file a petition for a writ of certiorari from December 28, 2013 to January 27, 2014, submitted to The Chief Justice. |
| 12/18/2013 | Application (13A503) granted by The Chief Justice extending the time to file until January 27, 2014. |
| 01/27/2014 | Petition for a writ of certiorari filed. (Response due February 26, 2014) |
| 02/14/2014 | Order extending time to file response to petition to and including March 28, 2014. |
| 03/28/2014 | Brief of respondent Robert J. MacLean in opposition filed. |
| 04/15/2014 | Reply of petitioner Department of Homeland Security filed. |
| 04/16/2014 | DISTRIBUTED for Conference of May 2, 2014. |
| 05/05/2014 | DISTRIBUTED for Conference of May 15, 2014. |
| 05/19/2014 | Petition GRANTED. |
| 05/30/2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 25, 2014. |
| 05/30/2014 | The time to file respondent's brief on the merits is extended to and including September 22, 2014. |
| 06/27/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 07/25/2014 | Joint appendix filed. (Statement of costs filed.) |
| 07/25/2014 | Brief of petitioner Department of Homeland Security filed. |
| 08/19/2014 | Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner. |
| 09/04/2014 | SET FOR ARGUMENT on Tuesday, November 4, 2014. |
| 09/08/2014 | Record requested from U.S.C.A. for the Federal Circuit. |
| 09/09/2014 | The Record received from U.S.C.A. Federal Circuit is electronic and located on PACER. |
| 09/10/2014 | Brief amicus curiae of David B. Nolan, Sr. filed. |
| 09/19/2014 | CIRCULATED |
| 09/22/2014 | Brief of respondent Robert J. MacLean filed. (Distributed) |
| 09/29/2014 | Brief amicus curiae of United States Office of Special Counsel filed. (Distributed) |
| 09/29/2014 | Brief amicus curiae of American Federation of Government Employees filed. (Distributed) |
| 09/29/2014 | Brief amicus curiae of Former U.S. Government Officials filed. (Distributed) |
| 09/29/2014 | Brief amicus curiae of Rutherford Institute filed. (Distributed) |
| 09/29/2014 | Brief amici curiae of Blacks in Government, et al. filed. (Distributed) |
| 09/29/2014 | Brief amicus curiae of FlyersRights.org filed. (Distributed) |
| 09/29/2014 | Brief amicus curiae of Project on Government Oversight filed. (Distributed) |
| 09/29/2014 | Brief amici curiae of Members of Congress filed. (Distributed) |
| 10/22/2014 | Reply of petitioner Department of Homeland Security filed. (Distributed) |
| 11/04/2014 | Argued. For petitioner: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Neal K. Katyal, Washington, D. C. |
| 01/21/2015 | Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kennedy, J., joined. |
| 02/23/2015 | JUDGMENT ISSUED. |