In 2005, Francisco moved back to the private sector, joining the Washington, D.C. office of the law firm Jones Day, eventually becoming the chair of the firm's government regulation practice. While at Jones Day, he appeared several times before the Supreme Court, including in McDonnell v. United States, which involved the meaning of "official act" under federal bribery statutes; Zubik v. Burwell, which involved the application of the Religious Freedom Restoration Act to regulations related to insurance coverage for contraception; and NLRB v. Noel Canning, which involved the Constitution’s recess appointment power. He also argued numerous cases in the lower federal and state courts on a wide range of constitutional, civil, and criminal matters.
