Brinton Lucas

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

Brinton returned to Jones Day 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 nationwide appellate strategy. He also served as Deputy Associate Attorney General, where he supervised high-stakes litigation handled by the Civil and Civil Rights Divisions. Before that, Brinton served as Senior Counsel to the Assistant Attorney General for the Civil Division, helping oversee the defense of prominent Executive Branch actions in district and appellate courts across the country.

Brinton has successfully argued cases at every level of the federal judiciary, from the district court to the Supreme Court. This experience includes challenging the Securities and Exchange Commission's stock buyback rule in the Fifth Circuit, defending clients against novel citizen lawsuits in the D.C. Circuit, and expanding appellate review of climate change tort litigation in the Supreme Court. He also has drafted more than 60 briefs in the Supreme Court and 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 Thomas on the Supreme Court and Judge Wilkinson on the Fourth Circuit.

Experience

  • Labcorp argues before U.S. Supreme Court that all class members must have standingOn behalf of Laboratory Corporation of America Holdings, Jones Day urged the U.S. Supreme Court to overrule a Ninth Circuit decision holding that district courts can certify damages class actions under Rule 23(b)(3) even when the class contains members who lack an Article III injury.
  • Heritage Action for America secures D.C. Circuit decision affirming dismissal of novel citizen suit under Federal Election Campaign ActJones Day successfully represented Heritage Action for America – a social-welfare organization advancing the policies of The Heritage Foundation – in an appeal of a dismissal of a citizen suit under the Federal Election Campaign Act ("FECA").
  • National Association of REALTORS® secures Eighth Circuit opinion protecting real estate agents from copyright liability for using floorplans to sell homesJones Day won an important victory on behalf of the National Association of REALTORS® in the Eighth Circuit, which held that the fair use defense shields real estate agents and the homeowners they represent from copyright liability for making and displaying floorplans in online home listings.
  • Nonprofit secures D.C. Circuit decision affirming dismissal of novel citizen suit under Federal Election Campaign ActIn a case of first impression, Jones Day successfully represented a nonprofit group in an appeal of a dismissal of a citizen suit under the Federal Election Campaign Act.
  • Jones Day represents CITGO in court-ordered saleJones Day is representing CITGO in connection with the proposed court-ordered sale of CITGO by a Special Master appointed by the United States District Court for the District of Delaware to Amber Energy, backed by Elliott Investment Management.
  • 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.
  • Business Roundtable urges court to vacate SEC's climate disclosure ruleJones Day represented Business Roundtable in filing an amicus brief in the U.S. Court of Appeals for the Eight Circuit challenging the Securities and Exchange Commission's (SEC) climate disclosure rule.
  • Real estate industry welcomes Supreme Court's correction of Fifth Circuit decision threatening property rightsJones Day filed an amicus brief in the Supreme Court on behalf of the real estate industry in a challenge to the Fifth Circuit’s ruling that property owners could not sue Texas for flooding their land because no federal cause of action covered their case.
  • Kaiser Gypsum and Hanson Permanente argue before U.S. Supreme Court that insurer without legal interest in bankruptcy estate lacks right to challenge reorganization planOn behalf of the Kaiser Gypsum Company and Hanson Permanente Cement, Jones Day urged the U.S. Supreme Court to uphold a Fourth Circuit decision making clear that an insurer lacks the right to challenge a reorganization plan that leaves its legal rights in the same place as they were before the bankruptcy.
  • Real estate industry persuades Supreme Court that legislative permitting exactions are subject to Takings Clause scrutinyJones Day filed an amici curiae brief in the U.S. Supreme Court on behalf of the real estate industry in a case challenging a California court’s ruling that legislative permitting exactions are not subject to Takings Clause scrutiny.
  • National Association of REALTORS® files Fifth Circuit amicus brief in copyright caseJones Day filed an amici curiae brief in the Fifth Circuit on behalf of the National Association of REALTORS® and Texas REALTORS® in a copyright case involving floorplans.
  • U.S. Chamber of Commerce successfully challenges SEC buybacks ruleJones Day successfully represented the U.S. Chamber of Commerce in challenging a rule adopted by the Securities and Exchange Commission requiring public companies to disclose the reasons behind their decisions to engage in stock buybacks.
  • Heritage Action for America successfully challenges FEC's concealment policyJones Day successfully represented Heritage Action for America in challenging a policy adopted by the Federal Election Commission to deliberately conceal from the public and courts the FEC Commissioners' votes deadlocking on whether administrative complaints warranted agency enforcement efforts.
  • Real estate industry trade associations file amicus curiae briefs challenging New York rent control lawJones Day filed amicus curiae briefs in the U.S. Supreme Court on behalf of a coalition of real estate industry trade associations urging the Court to hear two cases challenging the constitutionality of New York’s Rent Stabilization Law (“RSL”).
  • Merck challenges Inflation Reduction ActJones Day filed a complaint on behalf of a pharmaceutical manufacturer, Merck & Co., Inc. ("Merck"), challenging the constitutionality of the Inflation Reduction Act ("IRA").
  • Governor's campaign manager persuades Supreme Court to overturn fraud convictionThe Supreme Court ruled unanimously in favor of Jones Day's client, Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo, in a challenge to his conviction for honest-services fraud arising from conduct when he was a private citizen serving as campaign manager.
  • National Association of REALTORS® files Supreme Court amicus brief in takings caseJones Day filed an amici curiae brief in the Supreme Court on behalf of the real estate industry in a Takings Clause case challenging Minnesota's tax-foreclosure law, which allows the government to seize a homeowner's property to satisfy a government debt and keep any surplus from the sale in excess of the debt owed as a windfall.
  • U.S. Chamber of Commerce files amicus brief challenging Consumer Product Safety Commission ruleJones Day filed an amicus brief in the D.C. Circuit on behalf of the U.S. Chamber of Commerce in a case challenging the Consumer Product Safety Commission's recent mandatory rule regarding custom window coverings.
  • 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.
  • 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.
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