Legal Opinion

MacLean v. Department of Homeland Security

Court of Appeals for the Ninth Circuit

Decided September 16, 2008No. 06-75112PublishedCited by 19 opinions

1Per curiam

Robert J. MacLean petitions for review of an order issued by the Transportation Security Administration. He contends that the order violates: (1) the TSA’s own regulations, (2) the Whistleblower Protection Act, (3) the Anti-Gag statute, (4) due process, and (5) the rule against retroactive administrative adjudication. We deny the petition.

BACKGROUND

In late July, 2003, while working as a Federal Air Marshal in Nevada, MacLean received a text message on his government-issued cell phone stating that “all RON (Remain Overnight) missions ... up to August 9th would be cancelled.” This message…

2Cases cited12 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  4. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  5. Ashley Hunt Greenwood v. Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1994

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. City of Arlington v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 2012
  2. Warkentine v. SoriaDistrict Court, E.D. California · 2016
  3. PROVIDENCE YAKIMA MEDICAL CENTER v. SebeliusCourt of Appeals for the Ninth Circuit · 2010
  4. Latif v. HolderDistrict Court, D. Oregon · 2014
  5. R.J. Reynolds Vapor v. FDACourt of Appeals for the Fifth Circuit · 2023

14 more not listed; retrieve them via the Exa API.

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