Oral Arguments Sound Like Protection For Whistleblowers

Law360, New York (November 4, 2014, 5:59 PM EST) -- Here's the problem with telling the justices of the U.S. Supreme Court that they're wrong: They always get the last word.

And the last word in U.S. Department of Homeland Security v. MacLean — based on today's oral arguments in the case, at least — now seems likely to be a rejection of the Obama administration's contention that federal agencies may strip employees of their rights under the Whistleblower Protection Act of 1989 simply by issuing regulations that forbid certain types of disclosure.

U.S. Deputy Solicitor General Ian H. Gershengorn, who argued on behalf of the DHS, faced withering criticism as...

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