The United States Supreme Court has spoken. Former TSA employee Robert J. MacLean was illegally fired from federal service. MacLean blew the whistle in 2003 on a bad management decision to cancel air marshal flights post 9/11, leaving the flying public at risk of terrorist attacks. The decision affirmed federal employees are protected from whistleblower retaliation.
Defining point: “If “law” included agency rules and regulations, then an agency could insulate itself from the scope of Section 2302(b)(8)(A) merely by promulgating a regulation that “specifically prohibited” whistleblowing. But Congress passed the whistleblower statute precisely because it did not trust agencies to regulate whistleblowers within their ranks.”
My heartfelt congratulations to Bob and his family. For a more complete history of the case, visit this site.
NOTE: There are several articles on this website which discuss federal whistleblower retaliation including the MacLean case. We thank Bob for his cooperation and contributions. Wishing him and his family the very best in life.