Exclusive interview with
Nathan Lewin, Esq., is more than just a widelysought attorney, constitutional expert and professor
of law. Several presidents have considered him for
the Supreme Court, which would have made him
the first Torah-observant Supreme Court Justice
in America. It is no wonder then that the Jewish
community breathed a collective sigh of relief that
Mr. Lewin agreed to represent R’ Sholom Mordechai
Rubashkin in the Appeals Court.
When Zman Magazine traveled to Mr. Lewin’s
office for this exclusive interview, we expected
to get the most up-to-date information on the
heart-wrenching Rubashkin saga, which shook
every fair-minded person to the core. We hoped,
as well, to gain a possible glimpse about the future
direction of the appeal. What we did not expect,
was to obtain, at the same time, an incredibly and
refreshingly candid interview about the personal
life and mesiras nefesh of one of Torah Jewry’s
leading legal minds, who also happens to be
the grandson and great-grandson of renowned,
chashuv rabbonim.
Scheduling an interview at the law firm of Lewin
& Lewin was no small feat. In 2002, a popular
Washington periodical declared Mr. Lewin to be
the second-best attorney in Washington! Not
surprisingly, he is one of the most sought-after
attorneys in the nation. Furthermore, he was
engrossed, heart and soul, in reviewing the record
to prepare the appellate papers on behalf of Mr.
Rubashkin, which have to be submitted in a short
time. Eventually, though, we made an appointment
for this past Shivah Aser B’Tamuz and met
him in his office in the skyscraper on L Street in
Washington, DC.
Nathan Lewin, Esq.
Prestigious Attorney
and Prominent Shtadlan
Hired to Head the
Rubashkin Appeal
By: Shimon Rosenberg - Yakov M. Hirschson
Rachel March
COVER STORY
T
he attorney leaned back in his leather
chair and looked thoughtfully at the
young man standing respectfully
before him. He picked up the job application with manicured fingers and studied it
carefully.
“Hmm… You do have an impressive
resume, I must say.”
He brought his gaze back to the hopeful
face of the applicant. “I’m sure that our firm
would certainly benefit from having someone like you on our staff. You seem to be an
intelligent, honest, and responsible young
man.” The attorney cleared his throat. “The
only thing is….” He paused.
Nathan bit his lip. He knew exactly what
“the only thing” was. He had gone through
would be so inflexible with his hours, even
if it is someone with impeccable credentials
such as yours.”
Disappointed, but with his head held
high, Nathan left the elegant offices of the
prestigious law firm in downtown Manhattan. This was not the first job opportunity
he had forfeited because of his unwavering
determination to keep Shabbos. But come
what may, he would not compromise his
convictions. If necessary, he would settle for
a lesser job rather than desecrate Shabbos.
In the New York legal circles, Nathan’s
“obstinacy” evoked much wonder. Many
older and “wiser” attorneys shrugged their
shoulders. They could simply not understand
how such a talented young man would throw
Mr. Lewin remarks that Judge Reade is generally
reputed to be one of the worst judges in the
United States, and is considered the secondharshest judge in the country.
this process many times over the last few
months.
“Am I right in assuming that you observe
the Sabbath and Jewish holidays?”
Nathan nodded wordlessly. This interview was going exactly the way so many
preceding ones had gone.
“So… does that mean you would never be
available to come into work on Saturday –
your Sabbath?”
“Right, sir. It does,” Nathan declared
softly but firmly. “I won’t ever work on
Saturday – my religion forbids it. But I would
be available to come in on Sundays whenever
necessary.”
The attorney shook his head regretfully.
“I’m really sorry, young man, but it just won’t
work. I mean Saturday is a very critical work
day in our firm. There are always so many
loose ends to tie up at the end of the week.
We simply cannot afford to hire a clerk who
74 | ZMAN • August 2010
away such an attractive career because of a
religious regulation. Indeed, many wouldbe-employers, who would gladly have hired
someone of his caliber, tried to “enlighten
him” as to the foolhardiness of his decision.
“Perhaps you can go to your rabbi and
request a dispensation for special circumstances?” they cajoled him. “Tell the rabbi
that you really tried and it’s impossible to
get a job unless you agree to work on the
Sabbath when necessary.”
When Nathan insisted that there was no
compensation in the world that would allow
him to work on Saturday, potential employers coldly informed him, “We are very sorry
but we cannot hire you ― especially in view
of the many Jewish holidays that happen
to be in the middle of the week, when you
would not be coming in to work either. Good
luck to you and have a nice day!”
After several weeks of fruitless
job-hunting for the summer after his second
year at Harvard Law School, young Nathan
Lewin accepted a research position with
Professor Benjamin Kaplan, a scholar who
subsequently became a Supreme Court judge
in Massachusetts. Professor Kaplan took a
liking to the man whom he knew as a brilliant and conscientious student.
Little did Nathan know how wellcompensated he would be for his mesiras
nefesh for Shabbos. Had he not withstood
the test of Shabbos, like so many Jews who
succumbed to the spiritual wasteland of the
early 1900s in America, he probably would
have become just another attorney in some
law firm.
In today’s day and age, when in so many
ways it is easier than ever to be an observant
Jew, a shomer Torah u’mitzvos, it is impossible to understand what it entailed for a
Jew in the 1950s to observe Torah. Rejecting
a potential employee because of one’s race
or religion was perfectly legal ― this was
before the Civil Rights Act of 1964. Today
an employer may not even ask a potential
employee if he is Sabbath-observant. Nathan
Lewin was among the minority of Jews who
refused to compromise his religion for the
prospect of a glorious career.
Over the summer, Nathan Lewin worked
for Professor Kaplan and they got along
fabulously. Still, Nathan did not know at the
time how highly Professor Kaplan thought of
him.
Nathan graduated 8th out of almost 500
Harvard Law School graduates and was the
managing editor of the Harvard Law Review.
He was appointed to be a law clerk for a
federal appeals judge in New York. One day
he got a phone call from a professor whom he
knew by sight. This professor had been a law
clerk to Supreme Court Justice John Marshall
Harlan and was asked by Harlan to submit
a recommendation each year for one of the
two law-clerk positions in Justice Harlan’s
office. Every year Justice Harlan would hire
a clerk from the class of Harvard graduates
as per this professor’s recommendation.
It turned out that Professor Kaplan had
Mr. Lewin (second from right) with another prominent
attorney and law professor, Alan Dershowitz
(second from right) in Yeshiva University.
been so impressed with Nathan Lewin’s
performance in the summer of 1958 that
he called up this professor and suggested
that when he makes his recommendations
to Justice Harlan he should specify Nathan
Lewin.
And so it was. The professor took Professor Kaplan’s suggestion seriously and did
indeed recommend Nathan Lewin to Justice
Harlan, who was very receptive to the idea.
The professor called Nathan Lewin right
away.
“How would you like working as a clerk
for a Supreme Court justice?”
Nathan was speechless. Working for a
Supreme Court justice? That was beyond his
wildest dreams! This was by far the most
prestigious position a young lawyer, fresh
out of school, could aspire to. A position with
any major law firm in New York – which had
so frustratingly eluded him – was trivial
next to this!
Not even giving Nathan a chance to
get over his shock and reply, the professor
continued, “I spoke to Justice Harlan about
you and recommended you for the position
of a clerk in his office. Go on down to his
office for an interview and if he thinks you
fit the bill, you’ll get the job.”
Nathan lost no time and soon found
ZMAN • Av 5770 | 75