Supreme Court Commentaries
Civil Rights, Judicial Review
Constitutional Law | Law
This commentary analyzes the Supreme Court case Department of Homeland Security v. MacLean deciding whether an employee of the Department of Homeland Security comes under the protection of the Whistleblower Protection Act when they release potentially sensitive information to the media. Generally, the Act protects whistleblowers unless the information they release is not allowed "as specified by law." The particular statutory question in this case is whether the "law" prohibiting release must be contained in a statute, or can include the Department of Homeland Security's own promulgated regulation. The Author profiles the background of the case, applicable legal precedent, and arguments on both sides, and analyzes what the correct ruling should be.
Mike Brett, Up in the Air: Department of Homeland Security v. MacLean and the Whistleblower Protection Act, 10 Duke Journal of Constitutional Law & Public Policy Sidebar 61-81 (2015)