Noel Francisco served as the 47th Solicitor General of the United States, from 2017 to 2020. He represents clients in a broad array of civil and criminal litigation, challenges to federal and state laws and regulations, and government investigations and enforcement actions. The matters he handles often have significant public policy implications, including in the areas of global climate change, opioids, asbestos, tobacco, firearms, health care, administrative law, free speech, religious liberty, and separation of powers.
Noel has argued some of the most important cases the Supreme Court has heard in recent years. For example, he argued Trump v. Hawaii, where he successfully defended the president's orders restricting travel from countries deemed to present security risks; Janus v. AFSCME, which upheld the First Amendment rights of public employees who decline to join labor unions; Kisor v. Wilkie, which adopted his argument that the "Auer deference doctrine" should be significantly curtailed but retained in its core applications; Apple Inc. v. Pepper, which addressed whether Apple's App Store customers had standing to sue the company for antitrust violations; Knick v. Township of Scott, which held that property owners could sue state and local governments in federal court to vindicate Fifth Amendment takings claims; Seila Law LLC v. CFPB, which invalidated restrictions on the president's authority to remove the director of the Consumer Financial Protection Bureau; McDonnell v. United States, which reversed the federal bribery conviction of the governor of Virginia; NLRB v. Noel Canning, which limited the president's constitutional recess appointments power; and Zubik v. Burwell, which challenged federal insurance coverage regulations that violated Catholic organizations' religious beliefs.
Experience
The following represents experience prior to joining Jones Day.
Bush v. Gore, 531 U.S. 98 (2000) (per curiam)
U.S. Supreme Court briefing in vote recount case arising out of the 2000 presidential election.
Additional Speaking Engagements
- December 15, 2015
Executive Roundtable Series - A Year-End Regulatory Roundup and Forecast - December 10, 2014
Executive Roundtable Series: A Roundtable Series for Legal and Business Solutions - December 12, 2013
Executive Roundtable Series - A Year-End Legislative Roundup and Forecast - October 24, 2013
2013 Space & Satellite Regulatory Colloquium - April 9, 2013
2013 Government Contractor Labor & Employment Discussion Group - February 7, 2013
The Noel Canning Decision - The D.C. Circuit's Holding That the President's Recess Appointments to the NLRB were Constitutionally Defective: Legal, Policy and Practical Considerations Webinar - December 12, 2012
Executive Roundtable Series
A Year-End Legislative Roundup and Forecast - October 24, 2012
Outbound Seminar "Managing Legal Risks in Global Expansion of Chinese Companies" - 2012年10月24日
对外投资研讨会:中国公司全球扩展中的法律风险管理 - December 7, 2011
Executive Roundtable Series - Taking on the Government: Litigation Against the Executive and Legislative Branches - September 27, 2011
A Review of the Supreme Court's 2010 Term and Preview of What's Coming Next - December 15, 2010
Executive Roundtable Series: A Year-End Legislative Roundup and Forecast - July 15, 2010
2010 Speaker Series: Perspectives on Federal Regulation - October 17, 2008
High Courts Review: An Analysis of Recent Major Business Decisions and What to Expect Next - October 17, 2006
Aerospace, Defense & Intelligence Companies: Maximizing the Value Through Mergers & Acquisitions
- The University of Chicago (J.D. with high honors 1996; B.A. in Economics with honors 1991)
- District of Columbia, U.S. Courts of Appeals for the Sixth and Seventh Circuits, and U.S. District Court for the District of Columbia
- 47th Solicitor General of the United States (2017-2020); Deputy Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice (2003-2005) and Associate Counsel to the President of the United States (2001-2003)
Appointed by President George W. Bush to serve on the District of Columbia's Commission on Judicial Disabilities and Tenure
The Legal 500 US, Hall of Fame for dispute resolution: appellate (courts of appeals and state and federal supreme courts)
- Law Clerk to Justice Antonin Scalia, U.S. Supreme Court (1997 Term) and Law Clerk to Judge J. Michael Luttig, U.S. Court of Appeals, Fourth Circuit (1996 Term)