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.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.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.If people can live openly and be equal, then you have to have a pretty strong reason to say they can't get married.
Donald Verrilli Jr.