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.I'm representing the United States. And I'm representing the United States, and my office is representing the United States day after day in front of the court. And I think it's the right thing to do, to carry that out with some dignity and some respect for the process and respect for the institution. And so that led me to just, you know, move the dial a little bit in the direction of calmness.
Donald Verrilli Jr.The fact that you have a policy of such consequence directly affecting millions of people and you have a legal question of great consequence about the scope of the president's authority to act in implementing the immigration laws in this way and you have a one-line decision from the court affirming by an equally-divided court, it's an inevitable consequence of where we are.
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.Gay and lesbian people are equal. They deserve equal protection of the laws, and they deserve it now.
Donald Verrilli Jr.