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Jonathan Marcus is of counsel in the firm’s appellate and Supreme Court litigation group and resident in the firm’s Washington, DC office.
Mr. Marcus recently joined Covington after nine years at the United States Department of Justice, where he argued five cases before the Supreme Court of the United States as an Assistant to the Solicitor General and numerous cases in the federal courts of appeals, including two en banc arguments in the U.S. Court of Appeals for the Ninth Circuit. At Covington, Mr. Marcus has been involved in several Supreme Court cases. Last term he represented former Department of Justice Officials as amici curiae in District of Columbia, et al. v. Heller, which involved a Second Amendment challenge to DC’s handgun ban. Mr. Marcus also represented the Chamber of Commerce of the United States in Centerior Energy Corporation, et al. v. Jerome R. Mikulski, et al., writing an amicus brief in support of a petition for certiorari raising a federal jurisdiction question. This term, Mr. Marcus represents public broadcasters in FCC, et al. v. Fox Television Stations, Inc., et al., writing an amicus brief supporting the commercial networks’ statutory and constitutional challenges to the FCC’s enforcement policy respecting the broadcast of indecent content. Mr. Marcus also represents the American Petroleum Institute, writing an amicus brief in support of a petition for a writ of certiorari in Shell Oil Products Co. LLC, et al. v. Mac’s Shell Service, Inc., et al., which involves the causes of action available under the Petroleum Marketing Practices Act.
Mr. Marcus represents clients at the trial and court of appeals level, including a law firm challenging the constitutionality of Department of Labor policies in U.S. District Court in Washington, DC; a large pharmaceutical company in False Claims Act litigation in the Eastern District of New York, and another large pharmaceutical company in an interlocutory appeal to the U.S. Court of Appeals for the Second Circuit from an order certifying a class under RICO.
Mr. Marcus is an adjunct faculty member at Georgetown University Law Center.
Representative Matters
- Hinck v. United States (U.S. Supreme Court 2007). Mr. Marcus argued the case for the United States. The Court ruled for the United States, holding that the Tax Court has exclusive jurisdiction to review determinations of the Internal Revenue Service not to grant a taxpayer's request for interest abatement under 26 U.S.C. 6404(e)(1).
- James v. United States (U.S. Supreme Court 2007). Mr. Marcus argued the case for the United States. The Court ruled for the United States, holding that the defendant's prior felony conviction for the Florida offense of attempted burglary of a dwelling qualifies as a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. 924(e).
- Beard v. Banks (U.S. Supreme Court 2006). Mr. Marcus argued the case for the United States as amicus curiae in support of Pennsylvania. The Court ruled for Pennsylvania, rejecting a state prisoner's First Amendment challenge to Pennsylvania's policy of denying newspapers, magazines, and photographs to the most dangerous and recalcitrant inmates.
- Samson v. California (U.S. Supreme Court 2006). Mr. Marcus argued the case for the United States as amicus curiae in support of California. The Court ruled for California, holding that a police officer's suspicionless search of a parolee pursuant to a state statute does not violate the Fourth Amendment.
- Whitfield v. United States (U.S. Supreme Court 2005). Mr. Marcus argued the case for the United States. The Court ruled for the United States, holding that the federal money laundering conspiracy statute, 18 U.S.C. 1956(h), does not require proof of an overt act in furtherance of the conspiracy.
Previous Experience
- U.S. Department of Justice, Office of the Solicitor General, Assistant to the Solicitor General (2004-2007)
- U.S. Department of Justice, Criminal Division, Appellate Section, Attorney (1998-2004)
- Williams & Connolly, Associate (1995-1998)
Honors and Rankings
- Office of the Secretary of Defense Award for Excellence (2005)
- U.S. Department of Justice's John Marshall Award (2004)
Memberships and Affiliations
- Edward Coke Appellate Inn of Court
- Georgetown University Law Center, Adjunct Professor (Solicitor General Seminar)
Publications and Speeches
- "Double Jeopardy Law After Rodney King," 95 Colum. L. Rev. 1 (1995), Co-Author
- "Model Penal Code Section 2.02(7) and Willfull Blindness," 102 Yale L.J. 2231 (1993), Author
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