BrintonLucas

Of Counsel

Washington + 1.202.879.3686

Brinton Lucas is an appellate litigator with substantial experience in high-profile challenges to government regulation. A former senior official at the Department of Justice, he has argued more than a dozen cases at every level of the federal judiciary, including the Supreme Court, the en banc Ninth Circuit, and the Seventh, D.C., and Federal Circuits.

Brinton returned to Jones Day in 2021 after serving in several significant positions in the Justice Department. As an Assistant to the Solicitor General, he represented the United States before the Supreme Court and helped craft the government's appellate strategy in cases throughout the nation. Brinton also served as Deputy Associate Attorney General, where he supervised high-stakes litigation handled by the Civil and Civil Rights Divisions. Before that, he served as Senior Counsel to the Assistant Attorney General for the Civil Division, helping oversee the defense of Executive Branch actions in district and appellate courts across the country.

Brinton has argued numerous high-profile appeals and dispositive motions, including successful appearances before the D.C. Circuit and en banc Ninth Circuit. He also argued before the Supreme Court in BP p.l.c. v. Mayor and City Council of Baltimore, an important case concerning climate change litigation. In addition to his oral advocacy, Brinton has drafted more than 40 briefs in the Supreme Court as well as dozens more in the federal courts of appeals covering a wide range of constitutional, statutory, and administrative law issues.

Earlier in his career, Brinton clerked for Justice Clarence Thomas on the U.S. Supreme Court and Judge J. Harvie Wilkinson III on the Fourth Circuit.

Experience

  • Governor's top aide argues in Supreme Court to overturn fraud convictionAfter securing certiorari from the Supreme Court, Jones Day has briefed and argued the case of Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo, who is challenging his conviction for honest-services fraud arising from conduct when he was a private citizen serving as campaign manager, not in any formal government role.
  • National Association of Realtors supports takings challenge to eviction moratoriumJones Day filed an amicus curiae brief in the U.S. Court of Appeals for the Federal Circuit on behalf of the National Association of Realtors in a Takings Clause case brought by rental property owners against the federal government to obtain just compensation for losses attributable to the Centers for Disease Control and Prevention's (CDC) nationwide moratorium on evictions.
  • Coal companies prevail in Supreme Court battle over EPA's powerIn a high-profile and much-awaited decision on the final day of its term, the Supreme Court ruled in favor of Jones Day's client, the North American Coal Corporation, by reversing a D.C. Circuit decision that gave the EPA sweeping authority to transform the power sector as a means of reducing greenhouse gas emissions.
  • Nonprofits challenge FEC's enforcement policyJones Day represents nonprofit groups challenging a policy adopted by the Federal Election Commission (FEC) to deliberately conceal from the public and courts the FEC Commissioners' actions taken in otherwise terminated enforcement proceedings.
  • National Association of REALTORS® files Supreme Court amicus brief in copyright caseJones Day filed an amici curiae brief in the Supreme Court on behalf of the National Association of REALTORS® and 17 other entities connected to the real estate industry in a copyright case involving floorplans.
  • Jones Day secures Supreme Court decision for property owners blocking CDC eviction moratoriumJones Day successfully represented property owners challenging the Centers for Disease Control and Prevention's (CDC) nationwide moratorium on evictions.