Supreme Court Justice (nominated by Pres. George W. Bush 2005)
Whistleblowers can be fired for cause
Roberts authored the decision in KOSZOLA V. FEDERAL DEPOSIT INSURANCE CORPORATION
A former employee sued the FDIC, alleging that the FDIC violated his rights by disciplining and firing him in retaliation for disclosures protected under the RTC
Whistleblower Act. The district court found for FDIC on the ground that the FDIC would have taken the same employment actions regardless of any protected disclosures. The plaintiff appeals, but we affirm.
The FDIC hired Koszola in 1991. In Feb. 1993,
Koszola was accused of leaking a story about waste & abuse. In Sept. 1993, Koszola testified with other FDIC employees before the Senate Banking Committee about waste & abuse within FDIC operations. In Dec. 1993, Koszola was fired based on charges that
he had failed to follow instructions and proper investigative procedures.
The district court correctly reasoned that the FDIC had already adduced clear and convincing evidence that it would have terminated Koszola regardless of any protected activity,
Source: FindLaw case 03-5313, US Court of Appeals, DC Circuit
Nov 16, 2004
Represented the states against Microsoft
As a private lawyer, I have actually represented probably more plaintiffs and enforcement interests in antitrust actions than defendants. I represented the State Attorneys General in the Microsoft case and represented several private plaintiffs in
antitrust appeals as well, handled some antitrust cases when I was in the Solicitor General's office. I've also represented corporations accused of antitrust violations, and I think that balanced perspective is something that's valuable for a judge.
I certainly think a lawyer coming into court, if I were to be confirmed, representing a plaintiff in an antitrust action should take some comfort in the fact that I've done that. And a lawyer representing a defendant should take some comfort in the fact
that I have done that as well and I have the perspective of the issue from both sides. So, again, obviously as judge, I'd follow the binding Supreme Court precedent and the precedent in my circuit.
Source: Hearing before the Judiciary Committee of the US Senate
Jan 29, 2003
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