Word: mikva
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...rebuke so stinging that there is question whether the Pentagon's new policy of "Don't ask, don't tell" will be able to withstand constitutional scrutiny. "America's hallmark has been to judge people by what they do, and not by who they are," wrote Chief Judge Abner Mikva. "It is fundamentally unjust to abort a most promising military career solely because of a truthful confession of a sexual preference different from that of a majority, a preference untarnished by even a scintilla of misconduct...
...been for the Supreme Court nomination, Bork might have left the bench earlier. He had not hired law clerks for the coming term, and he was obviously restless. "I don't think he finds judging all that interesting," says his D.C. circuit colleague Abner Mikva. Why, then, did Bork hang on so long after his defeat? Says Heritage Foundation Legal Expert Bruce Fein: "He didn't want this to look like the peevish decision of an upset...
...woman. She could be D.C. Circuit Judge Ruth Bader Ginsburg, 51, a former Columbia law professor who successfully argued several sex-discrimination cases before the high court, or Patricia Wald, 56, another liberal on the D.C. Circuit. Mondale might also choose an old friend, D.C. Circuit Judge Abner Mikva, 58, a liberal activist and former Congressman...
...that mysterious exercise in legislating that troubled the appeals court. Noting that lobbying is a form of speech protected by the First Amendment, Judge Abner Mikva, speaking for the majority, reported that the court had searched the remarks and actions of Congress for indications of why the veterans were granted special status. There seemed to be none, said Mikva, a former member of the House for nine years. "It is therefore difficult to resist the conclusion that the tax preferences for lobbying by veterans' organizations reflect no policy but simple lack of attention and consistency...
...Supreme Court will probably review the decision. If the Mikva ruling survives, a lower federal court will face a difficult choice: whether to remove the tax benefits given to veterans' organizations or to extend them to all charitable groups that lobby. The latter possibility naturally appeals to many organizations. Says Hope Babcock, a lawyer for the National Audubon Society: "Anything that will increase our ability to lobby will be beneficial." But the appeals court majority worried that enhancing this ability "might open a Pandora's box of woes and abuse." The IRS recognizes 328,000 charitable groups whose...