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David Rivkin  

David B. Rivkin, Jr. is the American attorney, political writer and media commentator who first raised questions about the constitutionality of health care reform. The New York Times wrote on May 10, 2010 that Rivkin “had been warning in columns since t

Biography

An expert on constitutional law, Rivkin is currently representing the attorneys general of 20 states in a high profile lawsuit filed in Florida against the health care reform legislation signed into law by President Barack Obama in 2010. The case, seen by many as a showdown involving states rights, is heading rapidly towards a landmark decision in the Supreme Court.

Rivkin served in the Justice Department under U.S. Presidents Ronald Reagan and George H.W. Bush and is a noted authority on foreign and defense policy as well as international law. He currently serves as Co-Chairman of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies and is also a regular speaker for various Federalist Society chapters around the country.

A prolific writer and speaker, Rivkin has gained international attention for his thought-provoking articles in The Wall Street Journal, The New York Times and The Washington Post, as well as his numerous testimonies before Congressional committees. He is a regular guest analyst on major networks including: CBS, ABC, NBC, CNN, MSNBC, FOX News, NPR, the Laura Ingraham Show, Al Jazeera, and the BBC. He has authored more than 300 columns and articles for publications on topics ranging from “Don’t Ask Don’t Tell” policy to the Khalid Sheik Mohammed trial and to the constitutionality of the individual mandate in the healthcare reform law.

Rivkin also frequently testifies before the Senate Judiciary Committee and other Congressional committees. On July 30, 2009, he testified as a minority party witness in the confirmation hearings of Supreme Court Justice nominee Sonia Sotomayor, and is expected to provide commentary on the most recent nominee, Elena Kagan. Among his many affiliations: 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 previously served on the United Nations Commission on Human Rights.

Speaking topics

While considered a leading voice of conservatives, David Rivkin takes positions on critical public and legal matters not from political ideology, but from a reasoned interpretation of the U.S. Constitution, legislation, judicial rulings and legal opinions. His speaking topics are headline-relevant and far from the “canned” book tour speeches so prevalent on the speaking circuit:

The constitutionality of the health care law Criminal versus military prosecution of terrorists Government overreach and the Constitution Judicial activism Terrorism and international law First Amendment Rights and local law enforcement National security, defense, and energy policy

Rivkin currently represents foreign governments and corporate entities on legal, political, economic, defense and public relations matters. Also, he contributes to bilateral and multilateral foreign policy issues with Congress and various executive branch entities.

Early life and education

David Rivkin has a deep appreciation for the freedoms enumerated in the U.S. Constitution. Born in 1956 in the small village of Psov in the former Soviet Union, he lived in a regime where he said in a 2004 interview, “the individual’s interests were always subordinated to the whims of the state and where the government was the law.” After moving to the U.S. in the early 1970s, Rivkin earned a Bachelor of Science degree from the Edmund A. Walsh School of Foreign Service at Georgetown University and a Master of Arts degree in Soviet Affairs with high honors from Georgetown University. In 1985, he received a Juris Doctor degree from Columbia Law School.

Public service

Rivkin held a variety of positions during the administrations of Presidents Ronald Reagan and George H.W. Bush. He served as legal adviser to the Counsel to President Reagan and as deputy director of the Office of Policy Development (OPD) for the United States Department of Justice. While at OPD he worked on a number of constitutional and international issues from judicial selection to immigration matters and intelligence oversight. Rivkin served as Associate General Counsel, U.S. Department of Energy (DOE), from 1990-91. He was responsible for international, constitutional, environmental and energy matters, including climate change problems, natural gas, hydro and electricity issues, development and implementation of the Natural Energy Strategy, implementation of the Clean Air Act Amendments of 1990, wetlands policy and related issues, development of RCRA and Clean Water Act legislative proposals, and deregulation of energy markets. Responsible for the development and implementation of President Bush’s de-regulatory initiatives (1991-1992) that reviewed all existing federal regulatory strictures and applied cost-effective standards to new regulations, Rivkin also played a significant role in developing the Reagan and Bush Administrations’ regulatory and legislative proposals affecting natural gas and electric utility industries. During the War on Terrorism, which began after September 11, 2001, Rivkin began authoring articles on the international law of armed conflict, warrantless surveillance, and constitutional issues arising from various policies adopted by the United States since that time. Recently, his commentary has addressed the constitutionality of health care reform as well as national security issues arising from the United States foreign policy on climate change.

Legal career

Throughout most of the 1990s, Rivkin was a member of Hunton and Williams law firm, where he was promoted to partner. His practice focused on international public law and litigation before the International Court of Justice. Rivkin left the firm in 1999 to join Baker Hostetler, where he is currently a partner in its Washington, D.C. office. He represents foreign governments and corporate entities on legal, political, and economic matters. He is a member of the District of Columbia Bar, Florida Bar and the Council on Foreign Relations, and has argued cases before the Supreme Court. He had previously testified on June 9, 2009, before the Senate Judiciary Committee's subcommittee on the Constitution regarding "The Legal, Moral, and National Security Consequences of 'Prolonged Detention.'"

Education

J.D., Columbia Law School, May 1985 M.A., Georgetown University (Soviet Affairs) with Highest Distinction, 1984 B.S.F.S, Edmund A. Walsh School of Foreign Service at Georgetown University School, Cum Laude, 1980

Professional Affiliations

Council on Foreign Relations (Member) National Center for Therapeutic Riding (Director) Sovereignty, Inc. (Director) Victims of Communism Memorial Foundation (Director) U.S. Department of Energy Electricity Advisory Board (Member) The Nixon Center (Adjunct Fellow) Contributing Editor, National Review magazine Advisory Council, National Interest magazine

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