BrintonLucas

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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 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

  • 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.
  • 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.
  • Real estate industry associations file amici curiae brief challenging legislative permitting exactionsJones Day filed an amici curiae brief in the 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.
  • Real estate industry associations file amici curiae brief supporting Fifth Amendment takings claimsJones Day filed an amici curiae brief in the Supreme Court on behalf of the real estate industry in a challenge to a lower court’s ruling that property owners cannot sue the State of Texas directly under the Takings Clause.
  • 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.
  • Nonprofit secures dismissal of novel citizen suit under Federal Election Campaign ActIn a case of first impression, Jones Day successfully represented a nonprofit group in defense of a Federal Election Campaign Act citizen suit, securing dismissal of the suit.
  • 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.
  • 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.
  • 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.
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