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.My job was always to pull a vote over from somebody who was likely to be at least at the outset disinclined to agree with me on some things or at least disinclined to agree with the policy that I was defending.
Donald Verrilli Jr.People have got to make their best calls in what they think about a case when they're covering it. But I do think the lesson there, and I guess stating the obvious, that oral argument can as often send a false signal as an accurate signal about where the thing is going.
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.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.