JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kennedy, J., joined.

Argued. For petitioner: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Neal K. Katyal, Washington, D. C.

Reply of petitioner Department of Homeland Security filed. (Distributed)

Brief amici curiae of Blacks in Government, et al. filed. (Distributed)

Brief amicus curiae of Rutherford Institute filed. (Distributed)

Brief amicus curiae of Former U.S. Government Officials filed. (Distributed)

Brief amicus curiae of American Federation of Government Employees filed. (Distributed)

Brief amicus curiae of United States Office of Special Counsel filed. (Distributed)

Brief amici curiae of Members of Congress filed. (Distributed)

Brief amicus curiae of Project on Government Oversight filed. (Distributed)

Brief amicus curiae of FlyersRights.org filed. (Distributed)

Brief of respondent Robert J. MacLean filed. (Distributed)

CIRCULATED

Brief amicus curiae of David B. Nolan, Sr. filed.

The Record received from U.S.C.A. Federal Circuit is electronic and located on PACER.

Record requested from U.S.C.A. for the Federal Circuit.

SET FOR ARGUMENT on Tuesday, November 4, 2014.

Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner.

Joint appendix filed. (Statement of costs filed.)

Brief of petitioner Department of Homeland Security filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.

The time to file respondent's brief on the merits is extended to and including September 22, 2014.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 25, 2014.

Petition GRANTED.

DISTRIBUTED for Conference of May 15, 2014.

DISTRIBUTED for Conference of May 2, 2014.

Reply of petitioner Department of Homeland Security filed.

Brief of respondent Robert J. MacLean in opposition filed.

Order extending time to file response to petition to and including March 28, 2014.

Petition for a writ of certiorari filed. (Response due February 26, 2014)

Application (13A503) granted by The Chief Justice extending the time to file until January 27, 2014.

Application (13A503) to extend further the time to file a petition for a writ of certiorari from December 28, 2013 to January 27, 2014, submitted to The Chief Justice.

Application (13A503) granted by The Chief Justice extending the time to file until December 28, 2013.

Application (13A503) to extend the time to file a petition for a writ of certiorari from November 28, 2013 to December 28, 2013, submitted to The Chief Justice.

Department of Homeland Security, Petitioner, represented by Donald B. Verrilli Jr.

Department of Homeland Security, Petitioner, represented by Ian Heath Gershengorn

Robert J. MacLean, Respondent, represented by Louis Alan Clark

Robert J. MacLean, Respondent, represented by Neal Kumar Katyal

American Federation of Government Employees, Amicus Curiae, represented by Andres M. Grajales

Blacks in Government, et al., Amicus Curiae, represented by Mathew B. Tully

David B. Nolan, Sr., Amicus Curiae, represented by David B. Nolan

FlyersRights.org, Amicus Curiae, represented by Raymond H. Brescia

Former U.S. Government Officials, Amicus Curiae, represented by Michael J. Gottlieb

Members of Congress, Amicus Curiae, represented by Robert K. Kry

Project on Government Oversight, Amicus Curiae, represented by Francis Douglas Hartnett

Rutherford Institute, Amicus Curiae, represented by John W. Whitehead

United States Office of Special Counsel, Amicus Curiae, represented by Carolyn Lerner