In 2005, Francisco moved back to the private sector, joining the Washington, D.C. office of the law firm Jones Day, eventually becoming the chair of the firm's government regulation practice. While at Jones Day, he appeared several times before the Supreme Court, including in McDonnell v. United States, which involved the meaning of "official act" under federal bribery statutes; Zubik v. Burwell, which involved the application of the Religious Freedom Restoration Act to regulations related to insurance coverage for contraception; and NLRB v. Noel Canning, which involved the Constitution’s recess appointment power.[11] He also argued numerous cases in the lower federal and state courts on a wide range of constitutional, civil, and criminal matters.[8]
Francisco left Jones Day when he was appointed by President Donald Trump to the position of Principal Deputy Solicitor General for the United States, effective January 23, 2017.[9][12][13][14] He served as the Acting Solicitor General from that date until March 10, 2017. On March 7, 2017, the White House announced Francisco's nomination to the position of Solicitor General.[9][15][16] He was confirmed by the U.S. Senate by a vote of 50–47 on September 19, 2017,[17] and was sworn in later that day.
With the resignation of Rachel BrandasAssociate Attorney General on February 8, 2018, Francisco became the fourth-ranking official in the Justice Department.[18] Francisco received an ethics waiver on April 24, 2018, which relieved him of a previous obligation to recuse himself from any investigation in which his former employer, law firm Jones Day, was involved.[19][20] Jones Day, which owed Francisco approximately $500,000, represented the Trump presidential campaign in the Special Counsel investigation.[19]
On June 17, 2020, Francisco announced that he would be leaving his post at the Department of Justice, effective July 3, 2020.[21] In his three years as United States Solicitor General, Francisco had represented the United States government in over 150 merit cases, and personally argued in 17.[22]
As Solicitor General, Francisco has been characterized as an "aggressive defender" of Trump. As Solicitor General, Francisco sought to have the Affordable Care Act (Obamacare) and the Deferred Action for Childhood Arrivals (DACA) struck down.[23] He defended Trump's travel ban, which barred people from seven majority-Muslim countries.[23] He sought to prevent Congress from accessing a redacted version of Special Counsel Robert Mueller's report into Russian interference in the 2016 election.[24] He defended the Justice Department's decision to withdraw a case against Trump associate Michael Flynn even after Flynn had pleaded guilty.[24] He fought against a subpoena to turn over Trump's tax records to the Manhattan district attorney.[25]
Francisco, Noel; Burnham, James (May 2013). "Noel Canning v. NLRB—Enforcing Basic Constitutional Limits on Presidential Power". Virginia L. Rev.. 99(1):17–29. Retrieved January 29, 2019.
Francisco, Noel J.; Burnham, James M. (October 3, 2016). "Time for a New Pleading Standard in Criminal Cases". Forbes. Retrieved January 29, 2019.
Francisco, Noel; Cruz, Ted (October 30, 2007). Audio: "Ted Cruz and Noel Francisco on Medellin v. Texas". University of Chicago Law School. University of Chicago chapter of the Federalist Society. Retrieved January 29, 2019.
^"Written Statement of Noel Francisco", House of Representatives, The Committee on the Judiciary, Subcommittee on Courts, Commercial and Administrative Law. May 31, 2011. Retrieved April 28, 2017.
This article incorporates public domain material from Meet The Acting Solicitor General (Justice.gov). United States Government.
