News

International law expert to host Federalist Society teleforum on Libyan debate

Published on June 21, 2011

by Brent Baldwin
(OfficialWire)

WASHINGTON, D.C. (USA)
OfficialWire PR News Bureau

Rivkin, the lawyer who successfully initiated the constitutional debate on the 2010 Affordable Care Act (“ObamaCare”), has achieved renown as one of the nation’s “staunchest defenders of the Constitution.” His legal opinions stem not from a conservative ideology, but rather a deep-rooted belief in personal freedom and the Constitution itself.Former White House lawyer, David B. Rivkin, Jr. has written extensively about the powers granted to presidents by the U.S. Constitution.

Through op-eds in The Wall Street Journal, Los Angeles Times, Washington Post, and other major media outlets, Rivkin and his long-time associate Lee Casey spend considerable time on legal opinions.  Rivkin is also a frequent speaker at local Federalist Society Chapters throughout the U.S.

The Federalist Society’s teleforum will is scheduled for Wednesday, June 22 at 1 p.m. and will feature Rivkin, who practices appellate law at Baker Hostetler LLP, and Professor Ilya Somin of George Mason University School of Law. They will discuss the question of whether President Obama has exceeded his authority in the controversial Libyan operation.

President Obama’s team recently issued a 32-page report stating that, under the 1973 War Powers Resolution (WPR), congressional authorization was unnecessary for the current U.S. operations in Libya. Others who disagree have called for his impeachment. Rivkin, who has defended the president’s actions in Libya, recently won the prestigious 2011 Burton Award for Legal Achievement for his writing in The Washington Post.

To listen to the teleforum, interested parties can dial toll free 1-888-752-3232.

For more information, visit www.davidrivkin.com.

Source: http://officialwire.com/main.php?action=posted_news&rid=78319

Washington Post article predicted the failure of “Don’t Ask, Don’t Tell”

Published on May 19, 2011

by Brent Baldwin

(OfficialWire)

WASHINGTON, D.C. (USA)
OfficialWire PR News Bureau

Former White House lawyer, David B. Rivkin, Jr. is having quite a run. On the heels of his national success planning and leading the lawsuit by 26 plaintiff states challenging the constitutionality of the Affordable Care Act, Rivkin is being honored as one of the best law firm writers in America.

The prestigious 2011 Burton Award for Legal Achievement has been awarded to Rivkin for his Washington Post article, “Why the ‘Don’t Ask, Don’t Tell’ Policy is Doomed,” which ran in the Feb. 13, 2010 edition.

The article, written by Rivkin and his Baker Hostetler law colleague Lee A. Casey, explained in detail why Congress could no longer mandate discrimination in the armed forces based on sexual orientation, especially when senior leadership in the military did not see “a significant threat to unit cohesion.”

The award ceremony will be held at the Library of Congress in Washington, D.C. on June 13, 2011 at Coolidge Auditorium and Great Hall with guest speaker Supreme Court Justice Sonia Sotomayor.

The submissions were judged by an academic board led by Virginia Wise, a renowned teacher at Harvard Law School; Anne E. Kringel, a widely recognized expert in legal writing at the University of Pennsylvania Law School; Grace Tonner, a prominent dean from the University of California Law School at Irvine; Judge Ed Forstenzer, a distinguished judge from California's Superior Court (retired); and William Ryan, a direct descendent of Noah Webster.

About David Rivkin

David Rivkin is an attorney in private practice and partner at Baker Hostetler in Washington, D.C., who has had a lengthy career distinguished by service in the White House during two presidents’ terms, in the U.S. Department of Justice and in the U.S. Department of Energy. He is a well-known writer and media commentator on matters of constitutional and international law, as well as foreign and defense policy. He is a visiting fellow at the Nixon Center, contributing editor at the National Review, and a member of the Advisory Council at National Interest magazine. He currently serves as co-chairman of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies. He also represents foreign governments and corporate entities on legal, political, defense, economy and public relations matters.

Source: http://officialwire.com/main.php?action=posted_news&rid=52206

Constitutional attorney David Rivkin offers novel solution in Wall Street Journal

Published on May 12, 2011

(OfficialWire)

WASHINGTON, D.C. (USA)
OfficialWire PR News Bureau

Former White House lawyer, David B. Rivkin, Jr., who is often ahead of the curve in matters of conservative strategy, addressed the country’s runaway debt problem in a May 12 editorial written for The Wall Street Journal.

The article, written by Rivkin and law colleague Lee Casey, specifically points to Section Four of the 14^th Amendment, which forbids any default on the outstanding federal debt. “Section Four can become a powerful hammer for the budget hawks if Congress simply reclaims its constitutional pre-eminence in the borrowing process,” the piece argued.

Rivkin then pointed out that the 14^th Amendment forbids dishonoring “the validity of the public debt of the United States, authorized by law” which makes the country a greater credit risk since the U.S. constitutionally cannot default on its financial obligations.

Congress should promptly increase the debt ceiling, Rivkin wrote, but with one key caveat: “The increase can be used only for borrowing to service existing obligations.”

This move would make it “difficult, if not impossible, for the Obama administration” to oppose this resolution in the debt-ceiling battle, while giving Congress the ability to “reclaim immediate control of the issuance of all new debt obligations.”

Currently, nearly 40 cents of every dollar the government spends is borrowed money. Rivkin explained that it would not be necessary to repeal the existing “debt ceiling” statutory framework, when instead Congress could “condition, decrease and even stop issuance of new debt.” But were Congress to reclaim its authority, Rivkin argued, it would also need to reclaim responsibility.

“With political power, comes political responsibility,” Rivkin wrote. “And that, more than anything else, is what the voters who brought a Republican majority back to the House of Representatives wanted.”

Source: http://www.officialwire.com/main.php?action=posted_news&rid=48745

Constitution defender David Rivkin takes on unjust EPA regulations in D.C. talk

Published on April 05, 2011

by Ed Hassell

(OfficialWire)

WASHINGTON, D.C. (USA)
OfficialWire PR News Bureau

Former White House lawyer David B. Rivkin, Jr. will speak about the next landmark Supreme Court case regarding climate issues, American Electric Power Co. v. Connecticut, on April 13 at the Environmental Law Institute in Washington, D.C.

The program runs on the sixth floor of the Environmental Law Institute from noon to 2 p.m. with speakers beginning promptly at 12:15 p.m.

On April 19, 2011, the Supreme Court will hear arguments to decide whether states and private parties can sue power companies under federal common law for contributing to global warming and compel them to cap CO₂ emissions. Many are calling it most important environmental case since Massachusetts v. EPA. (2007).

The case was originally brought in 2004 by various states, New York City and several land trusts against certain utilities, arguing that the utilities were creating a public nuisance because they were emitting greenhouse gases that contribute to climate change. Three similar cases have been brought around the country, but none have made it to trial before this one.

Mr. Rivkin is a staunch defender of the constitution and has argued against unfair EPA regulations in a high profile case involving Texas. Other panelists include: Richard Bress, Partner, Latham & Watkins LLP; Eric Glitzenstein, Partner, Meyer Glitzenstein & Crystal; James May, Professor of Law at Widener University. The event will be moderated by Bruce Myers, senior attorney, Environmental Law Institute.

According to the ELI website, the panel will discuss and debate major issues at play including “critical questions of constitutional standing and application of the “political question doctrine” as well as whether a federal common law cause of action to cap climate emissions exists—and, if so, whether EPA’s actions to date on climate change have effectively displaced it.”

About David Rivkin

David Rivkin is an attorney in private practice and partner at Baker & Hostetler in Washington, D.C., who has had a lengthy career distinguished by service in the White House during two presidents’ terms, in the U.S. Department of Justice and in the U.S. Department of Energy. He is a well-known writer and media commentator on matters of constitutional and international law, as well as foreign and defense policy. He is a visiting fellow at the Nixon Center, contributing editor at the National Review, and a member of the Advisory Council at National Interest magazine. He currently serves as co-chairman of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies. He also represents foreign governments and corporate entities on legal, political, defense, economy and public relations matters.

For more information, visit www.davidrivkin.com or contact:

David B. Rivkin, Jr.
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
202.861.1731
Suite 1100
1050 Connecticut Avenue, NW
Washington, DC 20036-5304

Source: http://www.officialwire.com/main.php?action=posted_news&rid=7853