There was only really one time that I had a substantive interaction with the president [Barak Obama] directly, and that was in 2013 when we were deciding whether to file a brief in the first gay marriage case, the Perry against Hollingsworth case. That was a weighty decision about whether the United States government was going to come in and say that heightened scrutiny ought to apply and some state bans on same-sex marriage ought to be unconstitutional. And that was the one time in my tenure where I thought I ought not make this decision without talking to the president.
Donald Verrilli Jr.There was this point about, you know, the basic point there as well - this statute treats some parts of the country different from others, and what's the justification for that? Well, you know, I had eight million things to say about that, but he put it in such a sharp, excruciating way that it was just very hard to handle it effectively.
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.I think what happened is that everybody's impressions got formed in those first few minutes. And I felt like, by the latter part of it, I kind of clawed my way back into the discussion. But everybody's impressions were set at the beginning. And wholly apart from me and whether I was good or bad, you know, there were a lot of hostile questions.
Donald Verrilli Jr.I feel so blessed to have had the chance to do this job [ U.S. Solicitor General] in this moment in our history. It's been an incredible thing.
Donald Verrilli Jr.Justice [Sonia]Sotomayor said, "Let's talk - you want to talk about the tax power."And I got like a 10-minute run on the tax power. And, boy, was I glad I did because I was able to get across this idea that, yes, this is a narrower ground on which you can affirm it. And I think everybody agrees. I think even the dissenting justices ultimately in the case agreed that, if Congress had expressly called it a tax, it would be indisputably constitutional.
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.