Contact us with your California corporate & securities law questions (949) 353-6347 or Contact us here

How Could So Many Get This Supreme Court Case Wrong?

Try searching for "Supreme Court narrows" and you will find numerous law firm memos and and articles with the following headline (or something very close to it): 

"Supreme Court Narrows Definition Of Whistleblower"

These memos and articles all discuss the same U.S. Supreme Court decision,  Digital Realty Trust, Inc. v. Somers, 2018 U.S. LEXIS 1377, and they all make the claim that the Supreme Court has narrowed the definition of "whistleblower" under the Dodd-Frank Act.

The problem is that the Supreme Court did no such thing.  Yes, it is true that the Supreme Court held that under the anti-retaliation provision of the Dodd-Frank Act a person must report to the SEC to fall within the definition of "whistleblower".  It is not true that the Supreme Court thereby narrowed the definition of "whistleblower".  Congress enacted a narrow definition of whistleblower:

“any individual who provides . . . information relating to a violation of the securities laws to the Commission, in a manner established, by rule or regulation, by the Commission.”

15 U.S.C. § 78u–6(a)(6).  The Supreme Court merely read and applied the statute as written.  

This is no small point.  When lawyers and others describe the Supreme Court as doing more than simply interpreting and applying laws, they blur the lines between the legislative and judicial.  Not even the Supreme Court has the power under our Constitution to make up the rules as it goes along.  With headlines like these, we soon won't be able to tell the difference between Haman from Mordecai (see Babylonian Talmud, Megillah 7b)!

Share on:

ANY QUESTIONS REGARDING CALIFORNIA CORPORATE AND SECURITIES LAW? CONTACT US DIRECTLY

We offer expert advice with the intricacies of California law.

Our years of experience and expertise allow us to help clients navigate the business laws in California.

CONTACT US

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

ABOUT OUR AUTHOR

30172DBAB0084D3A8F39D7AF0A8E79BC.ashx Keith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
Learn More About Keith

nominee-badge

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

CATEGORIES

see all

RECOGNITION

YOUTUBE

FACEBOOK