Abner Mikva

Abner Mikva
Born	Abner Joseph Mikva 1/21/1926
Birthplace	Milwaukee, Wisconsin, U.S.
Died	7/4/2016 Chicago, Illinois, U.S.
Nationality	American
Occupation	Politician, federal judge, legal scholar, White House Counsel
Known for	Serving in all three branches of the U.S. federal government; mentoring Barack Obama and Merrick Garland
Education	University of Chicago (JD)
Awards	Presidential Medal of Freedom (2014)

Abner Joseph Mikva (January 21, 1926 – July 4, 2016) was an American politician, federal judge, and legal scholar who achieved the rare distinction of serving in senior positions in all three branches of the United States federal government. A member of the Democratic Party, Mikva represented Illinois in the United States House of Representatives for two separate stints—first from Illinois's 2nd congressional district (1969–1973) and then from the 10th congressional district (1975–1979). Appointed by President Jimmy Carter to the United States Court of Appeals for the District of Columbia Circuit in 1979, Mikva served as a federal judge for fifteen years, including a term as chief judge. He later served as White House Counsel to President Bill Clinton from 1994 to 1995. In his post-government career, Mikva taught at several law schools and became known as a mentor to a generation of legal and political figures, most notably future President Barack Obama and future Attorney General Merrick Garland. In 2014, Obama awarded Mikva the Presidential Medal of Freedom. Mikva's career, spanning more than five decades of public life, was rooted in a commitment to progressive politics and reform that began with his earliest encounters with the Chicago Democratic machine as a young law student in the late 1940s.

Early Life

Abner Joseph Mikva was born on January 21, 1926, in Milwaukee, Wisconsin. He grew up during the Great Depression, and his early years in Milwaukee shaped an awareness of economic hardship and social inequality that would inform his later political career.

Mikva served in the United States military during World War II. After the war, he was able to attend college under the provisions of the G.I. Bill, a transformative opportunity that he would later credit with changing the course of his life. His education on the G.I. Bill took him first to the University of Wisconsin–Milwaukee and then to Washington University in St. Louis, where he earned a bachelor's degree.

Mikva subsequently enrolled at the University of Chicago Law School, where a formative encounter with the Chicago Democratic political machine left a lasting impression. As a young law student in 1948, Mikva attempted to volunteer for a local Democratic ward committeeman's campaign. According to the account that became one of the most frequently repeated anecdotes in Chicago political lore, the ward committeeman asked him, "Who sent you?" When Mikva replied that nobody had sent him, the committeeman responded, "We don't want nobody nobody sent." The phrase became a shorthand for the insularity and patronage culture of Chicago's once-dominant machine politics, and Mikva's telling of the story helped cement it in popular usage. Rather than discouraging him, the rebuff motivated Mikva to pursue a reform-oriented path in politics, one that frequently placed him in opposition to the established party apparatus.

Education

Mikva attended the University of Wisconsin–Milwaukee before transferring to Washington University in St. Louis, where he completed his undergraduate degree. He then enrolled at the University of Chicago Law School, from which he received his Juris Doctor degree. The University of Chicago Law School served as a defining institution for Mikva, both as a student and, decades later, as a faculty member. His legal education provided the intellectual foundation for a career that would move fluidly between legislative, judicial, and executive roles in the federal government.

Career

Illinois State Legislature

Before entering federal politics, Mikva served in the Illinois House of Representatives, where he established a reputation as a reform-minded liberal legislator. His time in the state legislature provided him with an introduction to lawmaking and also exposed him to the tensions between reformers and the entrenched Chicago Democratic machine. His independence from the machine set the tone for his subsequent political career.

United States Congress

Mikva first sought election to the United States House of Representatives in 1966, running in the Democratic primary against the incumbent congressman Barratt O'Hara, who represented Illinois's 2nd congressional district. Mikva lost that primary race. Two years later, in 1968, Mikva challenged O'Hara again and won the Democratic primary, going on to win the general election and take his seat in the 91st Congress in January 1969.

Mikva represented the 2nd congressional district on the South Side of Chicago from 1969 to 1973. During his tenure, he was identified as one of the leading liberal voices in the House. His legislative interests included gun control, civil liberties, and government reform. However, redistricting following the 1970 census altered the boundaries of his district, and Mikva did not seek reelection from the reconfigured 2nd district in 1972. He was succeeded by Ralph Metcalfe.

Mikva did not remain out of Congress for long. In 1974, he ran for the House from Illinois's 10th congressional district, which encompassed the North Shore suburbs of Chicago and parts of the city's North Side. He won the seat, defeating the Republican incumbent Samuel H. Young. Mikva was reelected in 1976, though his margins of victory in the politically competitive suburban district were consistently narrow.

In Congress, Mikva was among the most prominent liberal Democrats of the era. He was a vocal advocate of gun control legislation, a position that generated significant opposition from the National Rifle Association and other gun rights organizations. The NRA actively campaigned against him in his suburban district, making his reelection campaigns challenging. Mikva's legislative record also reflected strong support for civil rights, environmental protection, and government ethics reform.

Mikva served in the House from the 10th district until 1979, when he resigned to accept appointment to the federal judiciary. He was succeeded by John Porter, a Republican.

Federal Judiciary

In 1979, President Jimmy Carter appointed Mikva to the United States Court of Appeals for the District of Columbia Circuit, one of the most influential appellate courts in the country. His appointment filled a newly established seat on the court. The D.C. Circuit handles a substantial portion of cases involving federal regulatory and administrative law, giving its judges an outsized role in shaping government policy.

Mikva's nomination was not without controversy. The National Rifle Association opposed his confirmation, reflecting the strong opposition his gun control advocacy had generated during his congressional career. Nevertheless, the Senate confirmed him, and he took his seat on September 26, 1979.

During his fifteen years on the D.C. Circuit, Mikva became one of the court's most prominent liberal voices. He authored numerous opinions on administrative law, civil liberties, and the separation of powers. His judicial philosophy emphasized a pragmatic approach to constitutional interpretation and a belief in the capacity of government institutions to serve the public good.

On January 19, 1991, Mikva became the chief judge of the D.C. Circuit, succeeding Patricia Wald. He served as chief judge until September 19, 1994, when he stepped down from the bench to accept appointment as White House Counsel. He was succeeded as chief judge by Harry T. Edwards, and his seat on the court was later filled by Merrick Garland, whom Mikva had mentored.

During his time on the bench, Mikva hired numerous law clerks who went on to prominent careers in law and public service. Among his former clerks were future Attorney General Merrick Garland and future Supreme Court Justice Elena Kagan, both of whom credited Mikva with shaping their legal thinking and careers. One former clerk wrote that Mikva "gave me my first real job, which was clerking for him" and also recommended the clerk for a subsequent clerkship with Justice Thurgood Marshall.

White House Counsel

On October 1, 1994, Mikva was appointed White House Counsel by President Bill Clinton, succeeding Lloyd Cutler. The role of White House Counsel involves advising the President on legal matters, overseeing executive branch legal policy, and managing issues related to presidential ethics and compliance.

Mikva served as White House Counsel during a turbulent period for the Clinton administration, which faced multiple legal and political challenges. He served in the role until November 1, 1995, and was succeeded by Jack Quinn.

With his service as White House Counsel, Mikva completed an unusual trifecta: he had now held senior positions in the legislative branch (as a member of Congress), the judicial branch (as a federal appellate judge), and the executive branch (as White House Counsel). This distinction made him one of the few people in modern American history to have served in all three branches of the federal government.

Academic Career and Mentorship

After leaving the White House, Mikva returned to the world of legal education. He joined the faculty of the University of Chicago Law School, where he had earned his own law degree decades earlier, and taught courses in law and government. He also taught at the Georgetown University Law Center and the Northwestern University Pritzker School of Law.

As a professor and public figure, Mikva became known as a mentor to younger lawyers and politicians. His most notable mentee was Barack Obama, whom Mikva first encountered when Obama was a young law student at the University of Chicago. Mikva attempted to recruit Obama as a law clerk, and although Obama initially declined, the two developed a close relationship. Mikva became an early supporter and adviser as Obama entered Illinois politics and eventually ran for and won the presidency of the United States.

Mikva also mentored Merrick Garland, who clerked for him on the D.C. Circuit before going on to a career in the Department of Justice and eventually succeeding Mikva on the appellate bench. Garland later became the Attorney General of the United States under President Joe Biden. Elena Kagan, who also clerked for Mikva, went on to serve as Solicitor General and then as an Associate Justice of the Supreme Court of the United States.

Mikva's mentorship extended beyond individual relationships to institutional efforts. The Mikva Challenge, a civic education and engagement organization named in his honor, was established to inspire young people to participate in the democratic process. The organization works to develop civic leaders among youth in Chicago and beyond.

Personal Life

Mikva was based in Chicago for much of his life, although his career took him to Washington, D.C. for extended periods during his congressional service, judicial tenure, and White House appointment. He maintained deep ties to the Chicago legal and political communities throughout his life.

Mikva died on July 4, 2016, in Chicago, Illinois, at the age of 90. His death prompted tributes from across the political spectrum. The ACLU of Illinois issued a statement from Executive Director Colleen K. Connell, mourning his passing and acknowledging his contributions to civil liberties. The University of Chicago noted that he was "one of the few Americans to serve in senior positions in all three branches of the federal government."

Recognition

In 2014, President Barack Obama awarded Mikva the Presidential Medal of Freedom, the nation's highest civilian honor. The award recognized Mikva's lifetime of public service across all three branches of government and his influence as a mentor and teacher.

Mikva received recognition from numerous legal and civic organizations throughout his career. His contributions to the judiciary were acknowledged by the Federal Judicial Center, which documented his service on the D.C. Circuit. The Institute of Government and Public Affairs at the University of Illinois recognized him for his contributions to government ethics and reform.

The Mikva Challenge, a nonprofit civic engagement organization named in his honor, continues to operate as a living recognition of his commitment to democratic participation and youth civic education. The organization's work reflects Mikva's belief in the importance of involving ordinary citizens—particularly young people—in government and public life.

A documentary about Mikva's life and career was produced and aired on WTTW in 2020. The film examined his progressive values, his reform-oriented approach to politics, and his influence on several generations of legal and political leaders. The documentary highlighted his service in all three branches of government and his role as a mentor to figures including Barack Obama, Elena Kagan, and Merrick Garland.

The University of Chicago Law Review published a memorial tribute to Mikva, with contributions from former clerks and colleagues reflecting on his impact on the legal profession and public service.

Legacy

Abner Mikva's career is notable both for its breadth—encompassing all three branches of the federal government—and for its consistency in advocating for liberal and reform-oriented principles. From his first rebuff by a Chicago ward committeeman in 1948 to his receipt of the Presidential Medal of Freedom in 2014, Mikva's public life traced the arc of post-war American liberalism, particularly its battles with entrenched political machines, its advocacy for civil liberties and gun control, and its emphasis on government as a force for public good.

His influence on the American legal profession extended far beyond his own judicial opinions and legislative votes. Through his mentorship of Barack Obama, Merrick Garland, and Elena Kagan, Mikva played a formative role in shaping figures who would go on to hold the presidency, lead the Department of Justice, and sit on the Supreme Court. His former clerks and students populated law firms, government agencies, and the judiciary, carrying forward the legal and ethical principles he championed.

The anecdote of "We don't want nobody nobody sent" has become one of the most enduring stories in American political folklore, frequently cited as an illustration of the culture of machine politics that Mikva spent his career opposing. The story's persistence reflects both its narrative power and the broader significance of Mikva's career as a reformer who entered politics without the backing of the traditional party apparatus and sustained a long career in spite of that independence.

The Mikva Challenge continues to embody his commitment to civic participation, working to engage young people in democratic processes and develop the next generation of civic leaders. The organization's ongoing work ensures that Mikva's name remains associated with the principle that ordinary citizens have both the right and the responsibility to engage in self-government—a principle that defined his more than five decades of public service.