I do a little bit of hand-holding on the big cases. You know, like health care, I'll call over and say, "Don't worry. We've got it under control. We have the best people working on it. We're on schedule. Stay calm." So, those kinds of things.
Donald Verrilli Jr.Very quickly the lawyers in the Justice Department pulled together a set of recommendations about how we ought to defend the law as a constitutional matter. And it was the lawyers in the Justice Department who thought that it was important to include the tax power argument as part of it.
Donald Verrilli Jr.One thing I've experienced and I feel really grateful for now that I'm on my way out is that I felt that the justices gave that back to me. I really did. You know, of course, you can have some sharp exchanges. That's the nature of the thing, and that's fine. But really in the main I felt like the tone from them was, "Yeah. We may not agree with you, but we're going to have a discussion about this." And it did.
Donald Verrilli Jr.The part that the public sees is the arguments up at the podium and the briefs that we file. But a significant part of the job - in fact, I'd say I spend more of my time on this part of the job, which is deciding what the position of the United States will be in the cases that we're going to be participating in before the court.
Donald Verrilli Jr.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.