I do think it's true that a huge amount of the oversight that the White House engages in with respect to the Executive Branch is out of fear that somebody's going to do something crazy and drive the president off a cliff.
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 did think Justice [Antony] Kennedy's opinion on Lawrence was critical to that because it really, what Lawrence in one sense was, of course, about consensual sex being something that the government can't regulate. But really in a more fundamental sense, what it was saying, "Look. Gay people are normal people, and they get to live normal lives. They're not criminals by virtue of the fact of being gay."
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.Quite often there's a great deal of disagreement within the executive branch about what we should do. Some cases are pretty straightforward, but a lot of them aren't.
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.