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| Solicitor General Noel Francisco is leaving his position in July. |
Solicitor General Noel Francisco announced his departure from the Department of Justice, effective as of July 3, 2020 and expressed his desire to return to private practice and spend more time with his family
“It has been the honor of my professional career to serve as the Solicitor General of the United States,” said Solicitor General Noel Francisco. “Representing the United States before the Supreme Court is one of the greatest jobs in the law and an opportunity for which I am deeply grateful."
Francisco has been considering this career move for some time now before the Supreme Court decision upholding the Deferred Action on Childhood Arrivals program which he argued against.
“Solicitor General Noel Francisco has represented the United States superbly before the Supreme Court for the past three Terms,” said Attorney General William P. Barr. “Arguing before the Court 17 times on behalf of the federal government, he has been a principled and persuasive advocate on issues ranging from the separation of powers to religious liberty to vigorous enforcement of federal immigration law. His skilled advocacy has been instrumental to historic victories on behalf of the President’s national security authority, the free speech rights of public employees, and property owners’ access to federal courts, among many other significant accomplishments.
Francisco has been considering this career move for some time now before the Supreme Court decision upholding the Deferred Action on Childhood Arrivals program which he argued against.
“Solicitor General Noel Francisco has represented the United States superbly before the Supreme Court for the past three Terms,” said Attorney General William P. Barr. “Arguing before the Court 17 times on behalf of the federal government, he has been a principled and persuasive advocate on issues ranging from the separation of powers to religious liberty to vigorous enforcement of federal immigration law. His skilled advocacy has been instrumental to historic victories on behalf of the President’s national security authority, the free speech rights of public employees, and property owners’ access to federal courts, among many other significant accomplishments.
"Away from the courtroom, he has been a steady and respected leader for the Office of the Solicitor General, a wise counselor to me and others in the Executive Branch, and a good friend. I am grateful for his tireless service to his country and the Department of Justice, and I wish him well in his future endeavors,” said Barr.
Since his appointment in 2017, Noel Francisco has served over three Supreme Court Terms as Solicitor General and has represented the United States before the nation’s highest court in more than 150 merit cases.
Over the course of his impressive tenure as Solicitor General, Francisco argued before the Supreme Court 17 times.
Since his appointment in 2017, Noel Francisco has served over three Supreme Court Terms as Solicitor General and has represented the United States before the nation’s highest court in more than 150 merit cases.
Over the course of his impressive tenure as Solicitor General, Francisco argued before the Supreme Court 17 times.
Some of his victories include:
- Trump v. Hawaii: upholding the President’s restrictions on travel from countries that present national-security risks.
- Janus v. AFSCME: holding that the First Amendment prohibits requiring public employees who decline to join a union to pay union dues (overruling a 1977 decision, Abood v. Detroit Bd. of Education).
- Kisor v. Wilkie: significantly limiting judicial deference to agency interpretations of their own regulations while retaining such deference in core applications.
- Knick v. Township of Scott: allowing property owners to bring claims for government takings in federal court without first suing in state court (overruling a 1985 decision, Williamson County Regional Planning Comm’n v. Hamilton Bank).
- Masterpiece Cakeshop v. Colorado Civil Rights Comm’n: concluding that Colorado violated the Free Exercise Clause in enforcing its antidiscrimination law against a baker who declined on religious grounds to create a custom cake for a same-sex wedding.
Francisco was also involved in his fair share of legal losses, like the Trump administration's futile attempts to add a citizenship question to the 2020 Census.
To civil rights advocates arguing against the government, Francisco's chief legal strategy: If at first you don't succeed, appeal to the Supreme Court, where the conservative-majority justices will hopefully rule in favor of Trump-backed initiatives.
To civil rights advocates arguing against the government, Francisco's chief legal strategy: If at first you don't succeed, appeal to the Supreme Court, where the conservative-majority justices will hopefully rule in favor of Trump-backed initiatives.
Francisco's appointment in 2017 was greeted with a degree of apprehension within the Filipino American community, which is mostly made up of first-generation immigrants and strongly opposed Trump's attempts to curtail immigration rules that prioritized family reunification.
“African Americans are not proud that Justice Clarence Thomas is in the U.S. Supreme Court when he consistently rules against the interests of African Americans on virtually every issue," Atty. Rodel Rodis, U.S. Pinoys for Good Governance president and NaFFAA legal counsel, told INQUIRER.net.
"I don’t believe that we should be proud of Trump’s appointment of Noel Francisco when his job will be to defend Trump’s racist, misogynist, xenophobic policies before the U.S. Supreme Court. He has never taken a position in support of civil rights for minorities. The fact that he has Filipino ancestry is just an accident of birth, nothing for Filipinos to be proud of. He may have the blood but that’s all he has.”
