Abner J. Mikva
How Judge Mikva rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge Mikva no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Mikva
Abner Joseph Mikva was a judge of the United States Court of Appeals for the District of Columbia Circuit. Appointed by President Jimmy Carter, Judge Mikva received a commission on September 26, 1979. Judge Mikva retired on September 19, 1994.
How Judge Mikva decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Demands greater precision in a tax-exemption rule when its uncertain terms could chill protected expression.
“These standards are especially stringent, and an even greater degree of specificity is required, where, as here, the exercise of First Amendment rights may be chilled by a law of uncertain meaning.”
Procedural preferences
For a draft document claimed exempt from disclosure, distinguishes a request for the draft itself from a request for separable facts that can be released without exposing deliberations.
“When the agency can take such steps, it may not withhold the information under Exemption 5.”
Cautions
Rejects an agency’s waiver of a licensing requirement without a stated, rational standard; an applicant’s size or reputation cannot itself justify special treatment.
“Bigness and national reputation are not reasonable standards for a waiver policy”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed and the case remanded to the district court to fashion such relief as in its discretion is appropriate.”
“This case is accordingly reversed and remanded for further proceedings consistent with this opinion.”
“Reversed and remanded.”
“We affirm all other portions of the district court’s opinion and reject both the Church’s arguments with respect to the definition of ‘intelligence source’ and the CIA’s challenges on cross-appeal to the court’s disclosure order.”
“For the reasons set forth above, this case is remanded to the Commission for proceedings consistent with this opinion.”
“We affirm the dismissal of the complaint, albeit on different but related grounds.”
“Accordingly, we reverse the judgment of the District Court that the Library’s prospective application of its conflict-of-interest regulations violated the Constitution.”
“Therefore we affirm the district court's disposition of the parties' cross-motions for summary judgment.”
“Accordingly, the petitioners' challenge is dismissed and the regulations at issue are affirmed.”
“The case has already been remanded to the district court for further proceedings; Jenkins’ appeal in this court has therefore been dismissed.”
“we affirm the decision of the district court that the Air Force was entitled to withhold the draft manuscript that Dudman requested.”
A historical record
Judge Mikva no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.