Donald Verrilli Jr. Quotes

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

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.

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.

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."

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.

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.

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.

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.

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.

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.

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.

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."

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.

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.

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.

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.

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.

Brett Kavanaugh is a brilliant, brilliant judge and one of the most-distinguished conservative jurists in the country.

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.

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.

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.