Nathan Lewin

Last updated
Nathan Lewin
Nathan Lewin (43139635902).jpg
Born (1936-01-31) January 31, 1936 (age 87)
Occupation Attorney
Years active1960 - present
Known for Supreme Court cases
SpouseRikki Gordon
ChildrenAlyza Doba, Na'ama Batya
Website https://lewinlewin.com/about/attorneys/

Nathan Lewin (born January 31, 1936) is an American attorney who has argued many cases before the Supreme Court of the United States.

Contents

Early life and education

Lewin was born in Łódź, Poland. His grandfather, the chief rabbi of Rzeszow, was elected to and served twice as a member of the Polish Legislature (“Sejm”). Lewin’s father, who was elected twice to the Lodz City Council, was later a professor of Jewish History at Yeshiva University’s Bernard Revel Graduate School and a prolific author in Polish, Yiddish, Hebrew, and English.

Lewin's family fled Poland just ahead of the Nazis in 1939, and arrived in the United States in 1941, where Lewin grew up in New York City. He is a Sugihara survivor. [1]

Lewin received his B.A. with summa cum laude from Yeshiva College in 1957, and earned his J.D. with magna cum laude, from Harvard Law School in 1960, where he was treasurer of the Harvard Law Review. [2]

Career

Lewin was law clerk to Chief Judge J. Edward Lumbard of the United States Court of Appeals for the Second Circuit (1960–1961) and to Associate Justice John M. Harlan of the Supreme Court of the United States (1961–1962). Lewin also served as Deputy Administrator of the Bureau of Security and Consular Affairs at the Department of State. While he was an Assistant to the Solicitor General in the Department of Justice under Solicitors General Archibald Cox and Thurgood Marshall, he argued 12 cases before the Supreme Court of the United States. He later served as Deputy Assistant Attorney General in the Civil Rights Division of the Department of Justice. [3]

Lewin also was a part of the prosecution team that won a conviction of James R. Hoffa and represented the government in briefing and oral argument of the Hoffa appeals in the Court of Appeals and the Supreme Court. [4] He also was on the federal prosecution team of the murderers of the three civil-rights workers in Mississippi.

Upon leaving government service, Lewin was a founding partner of Miller Cassidy Larroca & Lewin, later founding Lewin & Lewin LLP, one of the United States' foremost litigation 'boutiques' for more than 30 years.

Lewin is admitted to practice in the District of Columbia, New York, the Supreme Court of the United States, all federal appellate circuits, and many United States District Courts. Lewin has argued orally and filed briefs before every federal appellate circuit and has presented oral arguments to the Supreme Court in 28 cases. He has also represented defendants in federal criminal trials.

Lewin currently practices law together with his daughter Alyza D. Lewin, at Lewin & Lewin LLP which specializes in white-collar criminal defense and in federal appellate litigation, and is located in Washington, D.C. [5]

Lewin has practiced law in the District of Columbia, New York, the Supreme Court of the United States, all federal appellate circuits, and many United States District Courts. Lewin has engaged in trial and appellate litigation in federal and state courts for more than 45 years.

Lewin was recognized by the DC Legal Times as one of "Washington's Greatest Lawyers of the Past 30 Years" and was ranked Number 2 of Washington’s Best Lawyers by the Washingtonian. He has been voted one of America’s Best Lawyers for 30 years, and was included in the 2019 edition of that volume in four distinct practice categories, including Appellate Litigation, Defense of White-Collar Crime, and First Amendment Litigation. In 2020, U.S. News & World Report announced Lewin & Lewin LLP was among the Best Law Firms. [6]

Cases

First Amendment Cases

Lewin has been a champion in advocating for First Amendment rights and civil liberties. He has successfully argued many cases involving the right to display the Chanukah menorah in a public forum, including two such cases before en banc courts of the Sixth and Eleventh Circuits. He represented Chabad in the Supreme Court in County of Allegheny v. ACLU, where the Court held that the City of Pittsburgh may constitutionally include Chabad's menorah in a city display on public property. He represented an Air Force psychologist in the Supreme Court case testing his constitutional right to wear a yarmulke while wearing a military uniform. In 1976, Lewin represented the Hasidic community of Williamsburg in the Supreme Court, in its constitutional challenge to a racially conscious legislative reapportionment, urging a rule of constitutional law that the Supreme Court accepted 20 years later.

He was the attorney for the Satmar Kiryas Joel school for handicapped children in Board of Education of Kiryas Joel Village School District v. Grumet , a case in defense of a law creating a special public school district for handicapped children in that community, which was heard by the Supreme Court in 1994. [7]

Lewin drafted a number of legislative provisions that preserve the constitutional right to freedom of religion including: the provision of the federal Civil Rights Act enacted in 1972 that protects religious observances of private employees, the provision of federal law that enables federal employees to observe religious holidays without financial penalty, the provision of New York's Domestic Relations Law that conditions the issuance of a civil divorce on removal of barriers to remarriage such as the delivery or acceptance of a get (Jewish religious divorce), the provision of federal law that entitles servicemen to wear yarmulkes with their military uniforms [8] and advocated on behalf of Jewish prisoners who were denied kosher food. [9]

Other Cases

Between 2002 and 2015, Lewin & Lewin litigated pro bono publico on behalf of Menachem Zivotofsky, who was born in Jerusalem and claimed the statutory right to have his U.S. passport designate his place of birth as "Israel." [10] The case was argued twice in the Supreme Court of the United States (once by Lewin and once by Alyza Lewin) and three times in the U.S. Court of Appeals by Lewin (see Zivotofsky v. Clinton and Zivotofsky v. Kerry ). After the Supreme Court held that the President had the exclusive constitutional authority to recognize a city as being within the borders of a foreign sovereign, U.S. President Donald Trump in December 2017 recognized Jerusalem as the capital of Israel. In October 2020, the State Department changed its passport policy and presented Menachem Zivotofsky with the first U.S. passport formally listing Israel as place of birth for a U.S. citizen born in Jerusalem. [11]

Lewin conceded he submitted a picture of Baruch Herzfeld dancing with a non-Jewish woman to an Orthodox rabbinical court as part of his case against him, but insists it was "a minor detail of the case". [12]

In 2014 and 2015, Lewin represented Binyamin Stimler, a member of the New York divorce coercion gang whose purpose was the kidnap and torture of Jewish men in order to force them into granting religious divorces to their wives. [13] Stimler was sentenced to 39 months in prison for his role in the plot. [14]

Lewin is currently representing Mike Lindell and My Pillow, defendants in a $1.3 billion lawsuit brought by U.S. Dominion, Inc. for libel in connection with Lindell's claims that Dominion "stole" the 2020 election from Donald Trump. [15]

Academia

Lewin has also taught at many of the nation’s top law schools. In the 1970’s he was an Adjunct Professor of Constitutional Law at Georgetown Law School .In 1974-1975 he was Visiting Professor at the Harvard Law School, teaching Advanced Constitutional Law (First Amendment Litigation) and the first formal course ever given in a national law school on the subject of “Defense of White-Collar Crime.” He also taught a seminar on Appellate Advocacy. In 1994, Lewin gave a semester-long seminar on “Religious Minorities in Supreme Court Litigation” at the University of Chicago Law School and taught that seminar at Columbia Law School from 1996 to 2018. He also taught a course in Jewish Civil Law at George Washington University Law School for several years.

Non-profit work

Between 1982 and 1984, he served as President of the Jewish Community Council of Greater Washington, and for more than 30 years, he served as the national vice president of the National Jewish Commission on Law and Public Affairs (COLPA). [16] Lewin was president of the American Section of the International Association of Jewish Lawyers and Jurists from 1992 to 1997. He is currently Honorary President of its successor, the American Association of Jewish Lawyers and Jurists. [17]

Notable clients

Lewin's individual clients have included the Agudas Chasidei Chabad which was led by Lubavitcher Rebbe Menachem Mendel Schneerson, Attorney General Edwin Meese III, whom he represented while he was serving as Attorney General, former President Richard Nixon, Jodie Foster, John Lennon, nursing home owner Bernard Bergman, Congressman George Hansen, Teamsters president Roy Williams, and Israeli war hero Aviem Sella.

Lewin represented Sholom Rubashkin [18] in the appeal from his conviction and sentencing to 27 years in jail. [19] He also served as the Justice Department's special counsel in the deportation case against Valerian Trifa who had led the Iron Guard in Nazi-occupied Romania.[ citation needed ]

Personal life

Lewin is married to Rikki Gordon (a photojournalist), with whom he has two daughters, Alyza Doba (an attorney who is also his law partner) and Na’ama Batya (a multimedia artist and photojournalism professor). Lewin has six grandchildren.

Publications by Lewin

Lewin has written numerous articles on American jurisprudence, politics, and religion. He was an author and Contributing Editor to The New Republic between 1970 and 1991. His articles on law and the Supreme Court have appeared in The New York Times , The Los Angeles Times , Newsday , Saturday Review , The Washington Post , and other periodicals.

In an essay in Sh'ma, Lewin said that suicide bombers were ready to give up their lives to murder crowds of people to whom they were not related and did not know. For deterrence to be effective, the law should notify potential bombers that their adult family members will be treated as if they were in the crowd of victims. If they knew or should have known of the suicide bomber's plans and failed to dissuade the bomber, they would be treated in legal proceedings as criminals subject to the death penalty. [20]

See also

Related Research Articles

O'Melveny & Myers LLP is an American multinational law firm founded in Los Angeles, California in 1885. The firm employs approximately 740 lawyers and has offices in California, Washington, D.C., New York City, Beijing, Brussels, Hong Kong, London, Seoul, Shanghai, Singapore, and Tokyo.

<span class="mw-page-title-main">Seth P. Waxman</span> Former United States Solicitor General

Seth Paul Waxman is an American lawyer who served as the 41st Solicitor General of the United States from 1997 to 2001. He then returned to private legal practice, and serves as the co-chairman of the appellate and Supreme Court litigation practice group at the law firm Wilmer Cutler Pickering Hale and Dorr. As of 2022, he has appeared before the Supreme Court more than 80 times.

<span class="mw-page-title-main">Rives Kistler</span> American judge

Rives Kistler is an American attorney and judge in the state of Oregon. After college and law school on the East Coast, he moved to Oregon where he worked in private practice before joining the Oregon Department of Justice. Kistler then joined the Oregon Court of Appeals before appointment to the Oregon Supreme Court in 2003.

<span class="mw-page-title-main">United States Department of Justice Civil Division</span>

The United States Department of Justice Civil Division represents the United States, its departments and agencies, members of Congress, cabinet officers, and other federal employees. Led by the United States Assistant Attorney General for the Civil Division, the Division's litigation reflects the diversity of government activities, involving, for example, the defense of challenges to presidential actions; national security issues; benefit programs; energy policies; commercial issues such as contract disputes, banking insurance, patents, fraud, and debt collection; all manner of accident and liability claims; enforcement of immigration laws; and civil and criminal violations of consumer protection laws. Each year, Division attorneys handle thousands of cases that collectively involve billions of dollars in claims and recoveries. The Division confronts significant policy issues, which often rise to constitutional dimensions, in defending and enforcing various Federal programs and actions.

<span class="mw-page-title-main">Thomas J. Perrelli</span>

Thomas John Perrelli is an American lawyer and the former United States Associate Attorney General. He served as Associate Attorney General during the administration of President Barack Obama. Perrelli also served as Deputy Assistant Attorney General of the United States in the late 1990s.

<span class="mw-page-title-main">Peter Keisler</span> American lawyer (born 1960)

Peter Douglas Keisler is an American lawyer whose 2006 nomination by President George W. Bush to the United States Court of Appeals for the District of Columbia Circuit became embroiled in partisan controversy. He is a partner at the firm of Sidley Austin in Washington, D.C., and used to be the Assistant Attorney General in charge of the Civil Division at the U.S. Department of Justice. Upon the resignation of Attorney General Alberto Gonzales, until November 9, 2007, he was also the Acting Attorney General of the United States.

<span class="mw-page-title-main">Sholom Rubashkin</span> Former executive officer of Agriprocessors

Sholom Mordechai Rubashkin is a convicted felon and the former CEO of Agriprocessors, a now-bankrupt kosher slaughterhouse and meat packing plant in Postville, Iowa, formerly owned by his father, Aaron Rubashkin. During his time as CEO of the plant, Agriprocessors grew into one of the nation's largest kosher meat producers, but was also cited for issues involving animal cruelty, food safety, environmental safety, child labor, and hiring undocumented immigrants.

<span class="mw-page-title-main">Alan Gura</span> American litigator

Alan Gura is an American litigator practicing in the areas of civil litigation, appellate litigation, and civil rights law at Gura P.L.L.C. Gura successfully argued two landmark constitutional cases before the United States Supreme Court involving firearms, District of Columbia v. Heller and McDonald v. Chicago.

Riker Danzig LLP is a law firm in the state of New Jersey. Founded in 1882, it is among the state's oldest firms. The firm is based in Morristown, New Jersey and also has offices in Trenton, New Jersey, and New York City.

<span class="mw-page-title-main">Timothy K. Lewis</span> American judge (born 1954)

Timothy K. Lewis, is a former United States circuit judge of the United States Court of Appeals for the Third Circuit and is currently an attorney at the law firm of Blank Rome LLP, where he serves as a mediator, arbitrator, settlement counselor, and trial and appellate practitioner. Lewis is African American.

Gibson, Dunn & Crutcher LLP is an American multinational law firm headquartered in Los Angeles, California. Founded in 1890, the firm includes approximately 1,400 attorneys and 1,000 staff located in 20 offices around the world, including North and South America, Europe, Asia, and the Middle East. The firm is known for its litigation practice, and in particular its strength in appellate law.

<span class="mw-page-title-main">Kenneth Geller</span> American lawyer

Kenneth Steven Geller is a former managing partner of the global law firm Mayer Brown LLP. Prior to that, he served as Deputy Solicitor General of the United States and as an Assistant Special Prosecutor in the Watergate Special Prosecution Force.

Zivotofsky v. Clinton, 566 U.S. 189 (2012), is a Supreme Court of the United States decision in which the Court held that a dispute about passport regulation was not a political question and thus resolvable by the US court system. Specifically, Zivotofsky's parents sought to have his passport read "Jerusalem, Israel", rather than "Jerusalem", as his place of birth. The State Department had rejected that request under a longstanding policy that took no stance on the legal status of Jerusalem. Zivotofsky's parents then sued, citing a Congressional law that ordered the Secretary of State to list people born in Jerusalem as born in Israel.

<span class="mw-page-title-main">Vince Chhabria</span> American judge (born 1969)

Vince Girdhari Chhabria is a United States district judge of the United States District Court for the Northern District of California and formerly a deputy city attorney at the San Francisco City Attorney's Office.

<span class="mw-page-title-main">Michelle Friedland</span> American judge (born 1972)

Michelle Taryn Friedland is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.

<span class="mw-page-title-main">Pamela Harris (judge)</span> American federal judge (born 1962)

Pamela Ann Harris is a United States circuit judge of the United States Court of Appeals for the Fourth Circuit. Prior to joining the federal bench, she was an associate professor at the University of Pennsylvania Law School, and visiting professor at the Georgetown University Law Center and executive director of its Supreme Court Institute.

Zivotofsky v. Kerry, 576 U.S. 1 (2015), is a United States Supreme Court case in which the Court held that the president has the exclusive power to recognize foreign nations, and, therefore, Congress may not require the State Department to indicate in passports that Jerusalem is part of Israel.

<span class="mw-page-title-main">Kevin Newsom</span> American judge (born 1972)

Kevin Christopher Newsom is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Eleventh Circuit.

<span class="mw-page-title-main">Deepak Gupta (attorney)</span> American attorney

Deepak Gupta is an American attorney known for representing consumers, workers, and a broad range of clients in U.S. Supreme Court and appellate cases and constitutional, class action, and complex litigation. Gupta is the founding principal of the law firm Gupta Wessler LLP and a lecturer at Harvard Law School, where he is an instructor in the Harvard Supreme Court Litigation Clinic.

Amit Agarwal formerly served as Solicitor General of Florida, an office he held since June 2016. In October 2021, Agarwal joined the law firm of Holland & Knight as a partner.

References

  1. How my grandmother’s chutzpah helped Sugihara rescue thousands of Jews Alyza D. Lewin (April 25, 2016) Jewish Telegraphic Agency
  2. "Being Jewish at Harvard in the 50's". www.torahcafe.com. Retrieved 2021-04-01.
  3. devcontent (2019-01-14). "Court Jew". Mishpacha Magazine. Retrieved 2021-04-01.
  4. "U.S. v. Hoffa: 1964 | Encyclopedia.com". www.encyclopedia.com. Retrieved 2021-04-01.
  5. "Lewin & Lewin LLP" . Retrieved 2021-04-01.
  6. "Lewin & Lewin, LLP - Firm Overview". bestlawfirms.usnews.com. Retrieved 2021-04-01.
  7. "FindLaw's United States Supreme Court case and opinions". Findlaw. Retrieved 2021-04-02.
  8. "Nathan Lewin | Institute for the Study of Human Rights". www.humanrightscolumbia.org. Retrieved 2021-04-01.
  9. "Appeal Will Be Filed Against a Ruling Rejecting Kosher Food for Jdl Members in Prison". Jewish Telegraphic Agency. 1975-05-07. Retrieved 2020-07-26.
  10. Kampeas, Ron. "Menachem Zivotofsky, whose name graces two Supreme Court cases, finally gets a passport listing 'Jerusalem, Israel'". St. Louis Jewish Light. Retrieved 2021-04-02.
  11. "U.S. to allow 'Israel' to be listed on passports of Americans born in Jerusalem". POLITICO. 28 October 2020. Retrieved 2021-04-01.
  12. "The Great Orthodox Merengue Scandal". Tablet Magazine. 2010-04-14.
  13. Shortell, David (April 22, 2015) "Orthodox Rabbis Convicted of Conspiracy in New Jersey Kidnap-Divorce Plot", CNN
  14. (December 16, 2015) "Orthodox Jewish Rabbi Sentenced To Eight Years In Prison For Conspiring To Kidnap Jewish Husbands, Force Them To Consent To Religious Divorces", United States Department of Justice
  15. "Docket: U.S. District Court, District of Columbia - April 19, 2021".
  16. "First Amendment Advocate Nathan Lewin to Receive JCPA Albert D. Chernin Award". JCPA. 2019-11-26. Retrieved 2021-04-02.
  17. "Mr. Nathan Lewin | Crime and Consequence" . Retrieved 2021-04-02.
  18. ralph (10 December 2009). "Nathan Lewin To Lead Rubashkin Legal Defense Team".
  19. "Rubashkin sentenced to 27 years". Jewish Telegraphic Agency. 2010-06-22.
  20. "Detering Suicide Killers". Sh'ma: A Journal of Jewish Ideas. May 1, 2002.