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.The cases involving the question of whether U.S. courts should be open to claims of international human rights violations brought by foreign persons against foreign government officials. And the State Department on the one side has got a very consistent and powerful view that U.S. courts should be open to those claims because there needs to be a place in the world where they can be brought. And those human rights norms ought to be real and enforceable, and we ought to be a beacon to the world.
Donald Verrilli Jr.Sometimes one of the justices, because they're, you know, they're brilliant lawyers themselves, can put the question in a particular way so that, even if you've prepared to talk about the topic, the question is put in such an excruciatingly difficult way that there's just no good way to handle it.
Donald Verrilli Jr.After a couple of years, I realized that this was actually true, that his gave me the ability to go to a different place and, hopefully, have a stronger impact.
Donald Verrilli Jr.I had a great deal of independence from the president and the White House during the entirety of my five years. And I'm not sure exactly what that is, but our friend, Walter Dellinger, has a theory about it, and I think he's probably right. And the theory starts with the fact that I worked in the White House for a year and a half before coming over to the position of SG. And because of that, when I was nominated, there was some chatter out there that, "Oh. They're putting a political hack in. This has never happened before."
Donald Verrilli Jr.If you've ever been in the West Wing, it's like a little rabbit warren. Everybody's crammed in there on top of each other, and you're eating breakfast, lunch, and dinner at the mess with people. And so you really get to know each other very well. So, I think they just weren't worried.
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.