The U.S. Supreme Court has agreed to decide whether Robert J. MacLean, a federal air marshal, was unfairly fired for leaking sensitive information that he believed endangered the public. The case, Department of Homeland Security v. MacLean, will be heard sometime during the court’s term that begins next October.
In 2003, MacLean was working for the Transportation Security Administration (TSA) as an air marshal. He was briefed about a potential terrorist attack and, shortly thereafter, received notice from TSA that the agency was reducing the number of undercover air marshals on overnight trips due to budget deficits. MacLean voiced his concerns to his boss, who told him to keep quiet. Instead, MacLean leaked the information to MSNBC. Within the next day, the Department of Homeland Security had canceled the manpower reduction order.
MacLean, whose identity had been concealed after the leak, was fired by TSA in 2006 when his identity was discovered. MacLean appeared on an NBC Nightly News program, regarding a different incident, but his disguise was inadequate.
A lower court ruled that MacLean was entitled to argue that he was protected by whistleblower laws. However, the government is asking the Supreme Court to reverse that decision, arguing it “effectively permits individual federal employees to override the TSA’s judgments about the dangers of public disclosure.”
MacLean’s response portrays him as a hero who prevented a potential tragedy and helped change government policy. MacLean had previously argued that TSA’s plan to eliminate the use of air marshals on overnight trips was not considered sensitive information by the agency because it had been sent unencrypted to his cellphone.
If you have any questions about the case discussed above or would like to discuss other employment law matters, please contact me or the Scarinci Hollenbeck attorney with whom you work.
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Corporate Consolidation and Antitrust Issues in Mergers
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Corporate Transactions: Best Practices for Successful Deals
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
