A court case that could invite specious international damage claims to the U.S.

(published in The Wall Street Journal, Feburary 28, 2012)

By DAVID B. RIVKIN JR. And LEE A. CASEY

This Tuesday the Supreme Court will hear arguments in two cases that should interest every U.S. company doing business overseas, and especially those operating in the developing world. Kiobel v. Royal Dutch Petroleum Co. and Mohamed v. Palestinian Authority raise the issue of whether corporations can be sued for violations of international law under U.S. statutes, including the Alien Tort Statute.

The ATS was adopted in 1789 by the first U.S. Congress. The statute permits suits by aliens in federal courts for certain alleged international-law violations, but it was moribund for nearly 200 years and its purpose remains opaque. The best guess is that Congress wanted to provide a means by which the U.S. could fulfill its international obligations to vindicate a very discrete set of damage claims by diplomats and other foreign nationals injured or abused by Americans.

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David B. Rivkin Jr., an American appellate attorney, political writer and media commentator initiated the public debate on the constitutionality of the healthcare law known as ObamaCare.

Whether offering insight into the constitutionality of legislation or commentary on policy and critical issues facing America, David Rivkin offers an unparalleled view from his perspective as both a White House insider and outside counsel.

David Rivkin’s speeches draw on more than 20 years of experience in the forefront of constitutional law, and domestic and foreign policy. David is available for speaking engagements in 2012 on a limited basis. Please call (804) 353-5999 or email patsy@arnettandassociates.com.

It violates the First Amendment and the 1993 Religious Freedom Restoration Act.

(published in The Wall Street Journal, February 15, 2012)

By David B. Rivkin and Edward Whelan

Last Friday, the White House announced that it would revise the controversial ObamaCare birth-control mandate to address religious-liberty concerns. Its proposed modifications are a farce.

The Department of Health and Human Services would still require employers with religious objections to select an insurance company to provide contraceptives and drugs that induce abortions to its employees. The employers would pay for the drugs through higher premiums. For those employers that self-insure, like the Archdiocese of Washington, the farce is even more blatant.

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Constitutional Attorney David Rivkin to speak at American Enterprise Institute

Published on 14 January 2012

by Staff

(OfficialWire)

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

The 2012 election year has just begun, and already controversies have swirled around a number of President Obama’s actions. Constitutional issues are at the forefront as the president seeks to improve his chances of reelection by delivering on his promises. But is the president violating the Constitution as he tries to implement his program of transformation? Constitutional attorney David Rivkin believes he is. The American Enterprise Institute (AEI) in Washington D.C. will be facilitating a discussion on one of the recent controversies, President Obama’s “recess appointments.”

On January 4, 2012, President Obama made the following appointments: Richard Cordray as Director of the CFPB; and Richard Griffin, Jr., Sharon Block, and Terence F. Flynn as members of the NLRB. At the time of the appointments, the Senate was holding a series of “pro forma” sessions. The U.S. Department of Justice claims that the President has the authority to make these appointments, in essence, to decide based on his own analysis about when Congress is in session. David Rivkin and other constitutional law experts disagree.

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On January 4, 2012, President Obama made the following “recess” appointments: Richard Cordray as Director of the CFPB and Richard Griffin, Jr., Sharon Block, and Terence F. Flynn as members of the NLRB. At the time of the appointments, the Senate was holding a series of “pro forma” sessions. While the U.S. Department of Justice claims that the President has the authority to make these appointments, in essence, to decide for himself when Congress is in session, David Rivkin and other constitutional law experts disagree.

“The Constitution allows the President to make recess appointments only when the Senate is in recess; it does not guarantee him the right to make one or more of such appointments,” says Rivkin in his written testimony.

According to RIvkin, the Office of Legal Counsel “takes what was meant and written as a gap-filler or safety valve — what to do when the Senate is out-of-town and unable to confirm a nominee to a vital position — and converts it into an affirmative grant of power that guarantees the President the right to make some number of appointments without the Senate’s approval.” This will weaken Congress’ power.

Watch and discuss David Rivkin’s testimony before CA Rep. Darrell Issa, Chairman of the Committee of Oversight & Government Reform.

The Oversight and Government Reform Committee held a hearing entitled, “Uncharted Territory: What are the Consequences of President Obama’s Unprecedented ‘Recess’ Appointments?” at 9:30am on Wednesday, February 1st in room 2154 Rayburn House Office Building.

Appellate Attorney David Rivkin of Baker Hostetler presented his testimony and explained “the Constitution’s Framers assumed — rightly at the time — that Congress would convene for only part of each year, and that there would be long stretches of time during which the Senate would be unavailable to play its critical advice-and-consent role in the appointment of federal officials.”