David Rivkin obit

David Rivkin, the Constitution’s Stalwart Defender

In the courtroom and on these pages, he made the case for the structure that upholds America’s liberty.

 He was not on the list.

US President-elect Donald Trump has expressed his sorrow over the passing of renowned attorney David B. Rivkin Jr., calling him a "superstar" and a "great lawyer, scholar, and defender" of his legal interests.

In a tribute posted on Truth Social, Trump conveyed his condolences to Rivkin’s wife, Diana, and his family, adding that his loss will be "greatly missed."

"Sorry to inform you that Superstar Attorney David Rivkin just passed away. He was a great lawyer, scholar, and defender of mine. Our hearts and prayers are with his incredible wife, Diana, and family. He will be greatly missed!" Trump said in his post.

Who was David B. Rivkin Jr.?

David B. Rivkin Jr. was widely respected for his extensive career in constitutional, administrative, and international law. As a partner at the law firm BakerHostetler LLP, he co-led the firm’s appellate and major motions group, where he handled a series of high-profile cases that earned him national recognition.

One of the defining moments of Rivkin's career came in 2012, when he represented 26 states in their challenge to the constitutionality of the Affordable Care Act before the US Supreme Court. His leadership in this landmark case cemented his status as a significant figure in American legal circles.

Rivkin's influence extended beyond national borders. He represented Croatia at both the International Criminal Tribunal and the International Court of Justice, working on matters related to international humanitarian law and wartime regulations.

His expertise was also called upon in national security issues, where he defended former US Defense Secretary Donald Rumsfeld and worked on cases involving the Foreign Corrupt Practices Act, sanctions compliance, and environmental law.

Rivkin's work in government was equally notable. During the George H.W. Bush administration, he played a key role in regulatory reform, particularly in the energy and environmental sectors.

As Special Assistant for Domestic Policy, he led efforts to modernise natural gas pipeline regulations, including the formulation of Order 636. He also worked on climate change policies and clean energy initiatives as part of his tenure at the Department of Energy.

Rivkin’s government service included roles as a Legal Advisor to the Vice President’s Counsel, as well as positions in the White House Counsel’s Office and the Department of Justice.

From his involvement in high-stakes legal battles to his contributions to public policy, David B. Rivkin Jr. left an indelible mark on the legal and political landscapes, making his passing a significant loss to both fields.

Rivkin was a U.S. government official, having served under Presidents Ronald Reagan and George H. W. Bush. In 2010, Rivkin took on his highest-profile case to date when he agreed to represent a multi-state lawsuit, consisting of 26 state attorneys general against health care reform legislation signed into law by President Barack Obama in March. The lawsuit, filed in the Federal Court's Northern District of Florida, argued the legislation was an "illegal expansion of Congress' regulation of interstate commerce and unfairly penalizes uninsured people who refuse to buy into the program".

In May 2011, Rivkin was awarded a Burton Award for Legal Achievement for a Washington Post article he wrote with Lee A. Casey in February 2010 titled "Why the 'Don't ask, don't tell' policy is doomed".

Rivkin was born in the former Soviet Union, and lived there during the first decade of his life. In 2004, he stated that he knew what it must have been like to live under the rule of Saddam Hussein in Iraq:

I grew up in the Soviet Union, where the individual's interests were always subordinated to the whims of the state, and where the government was the law. Even so, my parents and grandparents endured much worse. They lived in Stalin's Russia, and they knew real fear—not just occasionally, but every day—fear of the state and its agents. Indeed, many people during that era did not sleep well at night, waiting for the knock at the door, announcing that the security police had come to pick them up and cart them off to the Gulag, or be shot.

After moving to the United States with his family, 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 also from Georgetown University. In 1985, he received a Juris Doctor degree from Columbia Law School.

He appeared as a guest analyst on TV and radio programs, including CNN, MSNBC, NBC, ABC, CBS, FOX News, NPR, PBS, The Laura Ingraham Show, Al Jazeera, the BBC, and others.

Media and periodicals that have published Rivkin's works include The Wall Street Journal, the National Review, The Washington Post, The New York Times, The Washington Times, The Heritage Foundation, and the Harvard Journal of Law and Public Policy.