“Gay and lesbian people are equal. They deserve equal protection of the laws, and they deserve it now.” PeopleLawGayEqualDeserveProtectionEqual Protection Author: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.” StatesFactsJobsUnitedCasesUnited StatesPositionArgumentCourtSignificantMy TimeFilesParticipating Author:Donald Verrilli Jr.
“When we're not a party, we sometimes file as amicus, as friend of the court, 25, 30 times a term, sometimes more. And in each of those cases, we've got to decide what position the government's going to take. And that is the solicitor general's job to make that decision.” SometimesGovernmentJobsTermDecisionPartyCasesPositionCourtFilesSolicitors Author: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.” ShouldDealsCasesBranchesExecutivesDisagreementStraightforwardExecutive Branch Author:Donald Verrilli Jr.
“The cases involving the question of whether U.S. courts should be open to claims of international human rights violations brought by foreign persons against foreign government officials. And the State Department on the one side has got a very consistent and powerful view that U.S. courts should be open to those claims because there needs to be a place in the world where they can be brought. And those human rights norms ought to be real and enforceable, and we ought to be a beacon to the world.” WorldNeedsShouldHumansPersonsRealStatesGovernmentSidesViewsPowerfulCasesRightsOughtClaimsCourtInternationalHuman RightsOfficialsDepartmentConsistentBeing RealNormViolationInvolvingPlaces In The WorldBeaconsGovernment Officials Author:Donald Verrilli Jr.
“I had a great deal of independence from the president and the White House during the entirety of my five years. And I'm not sure exactly what that is, but our friend, Walter Dellinger, has a theory about it, and I think he's probably right. And the theory starts with the fact that I worked in the White House for a year and a half before coming over to the position of SG. And because of that, when I was nominated, there was some chatter out there that, "Oh. They're putting a political hack in. This has never happened before."” ThinkingYearsFactsPoliticalHousePresidentWhiteDealsHalfFiveHappenedPositionTheoryIndependenceNot SureFive YearsWhite HouseHacksChatterEntirety Author:Donald Verrilli Jr.
“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.” ThinkingHousePresidentWhiteCrazyHugeAmountBranchesExecutivesWhite HouseCliffsOversightExecutive Branch Author: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.” PeopleIfsThinkingKnowsWellsLittlesEatingWingsWestDinnerMessWorriedBreakfastLunchRabbitsEating Breakfast Author:Donald Verrilli Jr.
“I do a little bit of hand-holding on the big cases. You know, like health care, I'll call over and say, "Don't worry. We've got it under control. We have the best people working on it. We're on schedule. Stay calm." So, those kinds of things.” PeopleKnowsKindLittlesHandsBigsCareBitsCasesWorryLittle BitCalmHealth CareSchedulesHolding OnStay CalmHand Holding Author: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.” FirstsStatesGovernmentSexPresidentDecisionUnitedTalkingCasesUnited StatesOughtGayOne TimeInteractionGay MarriageFilesBansScrutinyState GovernmentTenureUnconstitutionalUnited States GovernmentBarak Obama Author:Donald Verrilli Jr.
“In the past, presidents had been consulted about those kinds of decisions by SGs, and I thought it was the right thing to do.” KindPastPresidentDecisionThings To DoRight Thing Author:Donald Verrilli Jr.
“I think what Lawrence did was provide an assurance that gay and lesbian couples could live openly in society as free people and start families and raise families and participate fully in their communities without fear. And two things flowed from that, I think. One is that has brought us to the point where we understand now in a way even that we did not fully understand in Lawrence, that gay and lesbian people and gay and lesbian couples are full and equal members of the community.” PeopleThinkingWayTwoCommunityCoupleGayEqualMembersRaisesTwo ThingsAssurance Author:Donald Verrilli Jr.
“What we once thought of as necessary and proper reasons for ostracizing and marginalizing gay people, we now understand do not justify that kind of oppression.” PeopleKindReasonGayOppressionJustifyGay People Author: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."” PeopleThinkingLooksFactsGovernmentCoursesSexJusticeOpinionVirtueGayNormalFundamentalsCriticalCriminalsGay PeopleNormal LifeBeing GayAntony Author: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.” PeopleIfsReasonStrongEqualMarried Author:Donald Verrilli Jr.
“There was a huge movement that led up to [gay marriage legilization], and I played a small role in the great scheme of things. But it was really a privilege to get to do it.” RolesMovementHugeGayPrivilegeSchemesGay MarriageSmall Roles Author:Donald Verrilli Jr.
“Watch what happens on Twitter. One thing leads to another very quickly. And in an ironic sense, even though it's such a democratic form of communication, there's a funny way in which it leads to a hardening of a conventional wisdom much more quickly than might happen if you were reflecting on it a little more.” IfsWayLittlesMightHappensFormWatchesOne ThingCommunicationDemocraticIronicConventionalReflectingConventional Wisdom Author:Donald Verrilli Jr.
“I don't think this is a situation where you can say that Congress was avoiding any mention of the tax power. It'd be one thing if Congress explicitly disavowed an exercise of the tax power. But given that it hasn't done so, it seems to me that it's - not only is it fair to read this as an exercise of the tax power, but this court has got an obligation to construe it as an exercise of the tax power if it can be upheld on that basis.” IfsThinkingDoneSeemsGivenSituationOne ThingExerciseTaxesFairsBasesCourtCongressObligationAvoiding Author:Donald Verrilli Jr.
“Very quickly the lawyers in the Justice Department pulled together a set of recommendations about how we ought to defend the law as a constitutional matter. And it was the lawyers in the Justice Department who thought that it was important to include the tax power argument as part of it.” ImportantMatterTogetherLawJusticeOughtTaxesArgumentLawyerDepartmentRecommendations Author:Donald Verrilli Jr.
“The president [Barak Obama] had been asked some questions by George Stephanopoulos on a news show about whether it was a tax. And he had given an answer that you might read as him saying it wasn't a tax. I think what he said was, "It isn't a tax increase on all Americans."” ThinkingSaidShowsMightGivenPresidentAnswersTaxesNewsIncreaseTax IncreasesBarak Obama Author:Donald Verrilli Jr.
“Brett Kavanaugh is a brilliant, brilliant judge and one of the most-distinguished conservative jurists in the country.” CountryJudgingConservativeBrilliantDistinguishedJurists Author: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.” IfsThinkingWantSaidIdeasWould BeRunningAbleJusticeBoysCasesMinutesTaxesAgreeCongressGlad Author:Donald Verrilli Jr.
“The moot court process in our office when we get ready, we - everybody, including the SG, does two moot courts for each argument. And they are phenomenal, and they predict 90 percent of the questions that I get asked, at least 90 percent.” DoeTwoProcessReadyOfficePercentArgumentCourtIncludingPhenomenal Author:Donald Verrilli Jr.
“Sometimes one of the justices, because they're, you know, they're brilliant lawyers themselves, can put the question in a particular way so that, even if you've prepared to talk about the topic, the question is put in such an excruciatingly difficult way that there's just no good way to handle it.” IfsKnowsWaySometimesDifficultJusticeParticularPreparedBrilliantLawyerHandleTopicsGood Way Author: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.” KnowsWayWellsDifferentCountryHardMillionsTreatsEightHandleJustificationStatutesHard To Handle Author: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.” ThinkingKnowsWayFirstsKindFeltHappenedMinutesImpressionMy WayDiscussionLatterHostile Author: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.” PeopleThinkingCasesLessonsArgumentObviousAccurateSignalsCoveringStating The Obvious Author:Donald Verrilli Jr.
“I do think that the instant nature of the reaction now, I do think it has an effect, that people's instant reactions to things are valid and valuable. But they're not always right, and they're not always capturing the full reality.” PeopleThinkingRealityEffectsValuableReactionsInstant Author: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.” Would BeCarePoliticalTaxesSpringArgumentAdministrationAffordableAffordable Care ActAlbatrossBarak Obama Author: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.” PeopleWayFactsLawPresidentLinesDecisionMillionsPolicyAuthorityConsequenceCourtImmigrationInevitableDividedScopeAffirmingOne LineImplementingImmigration Laws Author: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.” ThinkingKnowsLittlesStatesMovingBitsProcessUnitedUnited StatesFrontsOfficeLittle BitDignityInstitutionsCourtThings To DoRight ThingCalmnessRepresenting Author: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.” JusticeFrontsPositionMajorityCourtConservativeArguingAdministrationProgressiveBehalf Author: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.” JobsPolicyVoteAgree Author:Donald Verrilli Jr.
“After a couple of years, I realized that this was actually true, that his gave me the ability to go to a different place and, hopefully, have a stronger impact.” YearsDifferentAbilityCoupleStrongerImpactI RealizedHopefullyDifferent Place Author: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.” KnowsWayFeelsMayCoursesFeltJusticeOne ThingFineAgreeYeahGratefulMy WayDiscussionToneDid You Know Author: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.” FeelsMomentsJobsChanceBlessedIncrediblesSolicitors Author:Donald Verrilli Jr.
