I don't think this is a situation where you can say that Congress was avoiding any mention of the tax power. It'd be one thing if Congress explicitly disavowed an exercise of the tax power. But given that it hasn't done so, it seems to me that it's - not only is it fair to read this as an exercise of the tax power, but this court has got an obligation to construe it as an exercise of the tax power if it can be upheld on that basis.
Donald Verrilli Jr.I'm arguing for progressive positions on behalf of a progressive administration in front of a court who, before Justice [Antonin] Scalia's death, had a conservative majority that was quite conservative, frankly.
Donald Verrilli Jr.If people can live openly and be equal, then you have to have a pretty strong reason to say they can't get married.
Donald Verrilli Jr.It's the spring of 2012, that the [Barak] Obama administration would be embracing the argument that the Affordable Care Act was a tax, and that was going to, itself, be a political albatross.
Donald Verrilli Jr.I think what Lawrence did was provide an assurance that gay and lesbian couples could live openly in society as free people and start families and raise families and participate fully in their communities without fear. And two things flowed from that, I think. One is that has brought us to the point where we understand now in a way even that we did not fully understand in Lawrence, that gay and lesbian people and gay and lesbian couples are full and equal members of the community.
Donald Verrilli Jr.