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Donald Verrilli Will Step Down as U.S. Solicitor General Donald Verrilli Will Step Down as U.S. Solicitor General
(about 1 hour later)
WASHINGTON — The Justice Department announced on Thursday that Donald B. Verrilli Jr., who won historic Supreme Court rulings for the Obama administration on its signature health care law and same-sex marriage, would be stepping down as the nation’s top appellate lawyer.WASHINGTON — The Justice Department announced on Thursday that Donald B. Verrilli Jr., who won historic Supreme Court rulings for the Obama administration on its signature health care law and same-sex marriage, would be stepping down as the nation’s top appellate lawyer.
Mr. Verrilli, 58, has been the solicitor general for five years, arguing the administration’s position before the justices during an unusual wave of contentious cases that drew attention far outside the legal world.Mr. Verrilli, 58, has been the solicitor general for five years, arguing the administration’s position before the justices during an unusual wave of contentious cases that drew attention far outside the legal world.
President Obama credited Mr. Verilli in a statement with “winning landmark cases that moved America forward,” while Attorney General Loretta E. Lynch said in announcing his departure that “Don has been at the center of the foremost legal challenges of our time.” President Obama credited Mr. Verrilli in a statement with “winning landmark cases that moved America forward,” while Attorney General Loretta E. Lynch said in announcing his departure that “Don has been at the center of the foremost legal challenges of our time.”
Mr. Verilli’s two most important wins will likely be remembered as the Supreme Court’s 2012 decision upholding the constitutionality of the Affordable Care Act, and its decision last year declaring a constitutional right to same-sex marriage. Mr. Verrilli’s two most important wins will likely be remembered as the Supreme Court’s 2012 decision upholding the constitutionality of the Affordable Care Act, and its decision last year declaring a constitutional right to same-sex marriage.
Kathleen Sebelius, who worked with Mr. Verrilli as secretary of health and human services to uphold the health care law, said in a statement that the estimated 20 million Americans who now have access to health care “are the ultimate beneficiaries of Don Verrilli’s extraordinary work.”Kathleen Sebelius, who worked with Mr. Verrilli as secretary of health and human services to uphold the health care law, said in a statement that the estimated 20 million Americans who now have access to health care “are the ultimate beneficiaries of Don Verrilli’s extraordinary work.”
The victories were not always graceful, however.The victories were not always graceful, however.
Mr. Verilli’s sometimes halting performance during oral arguments before the justices in the Affordable Care Act case was widely maligned, even earning him ridicule on late-night television from Jon Stewart. Mr. Verrilli’s sometimes halting performance during oral arguments before the justices in the Affordable Care Act case was widely maligned, even earning him ridicule on late-night television from Jon Stewart.
But the court’s decision upholding the health care law proved a vindication, and Mr. Obama called him personally that day to thank him.But the court’s decision upholding the health care law proved a vindication, and Mr. Obama called him personally that day to thank him.
One of Mr. Verilli’s arguments for upholding the law was that the penalty for not obtaining health insurance amounted to a tax, not a forced purchase. The argument was critical in earning the fifth vote of Chief Justice John G. Roberts Jr. in the 5-4 decision. One of Mr. Verrilli’s arguments for upholding the law was that the penalty for not obtaining health insurance amounted to a tax, not a forced purchase. The argument was critical in earning the fifth vote of Chief Justice John G. Roberts Jr. in the 5-4 decision.
In that case and others, Mr. Verilli proved adroit at developing legal strategies targeting particular justices, said Jonathan H. Adler, a law professor at Case Western Reserve University. In that case and others, Mr. Verrilli proved adroit at developing legal strategies targeting particular justices, said Jonathan H. Adler, a law professor at Case Western Reserve University.
“He wasn’t a flashy lawyer, and there weren’t a lot of sound bites,” Mr. Adler said. “But when one looks at his time in office and the cases he argued, history will show that he was a very effective advocate — and very effective at counting to five and developing legal strategies that got the job done.”“He wasn’t a flashy lawyer, and there weren’t a lot of sound bites,” Mr. Adler said. “But when one looks at his time in office and the cases he argued, history will show that he was a very effective advocate — and very effective at counting to five and developing legal strategies that got the job done.”
Mr. Verrilli did suffer a few big losses that Obama administration officials wished they could get back.Mr. Verrilli did suffer a few big losses that Obama administration officials wished they could get back.
In 2013, in Shelby County v. Holder, the Supreme Court struck down the heart of the civil rights-era Voting Rights Act and freed nine states — most in the South — to change election laws without federal approval.In 2013, in Shelby County v. Holder, the Supreme Court struck down the heart of the civil rights-era Voting Rights Act and freed nine states — most in the South — to change election laws without federal approval.
The next year, in Burwell v. Hobby Lobby, the court thrilled religious groups when it ruled that requiring family-owned corporations to pay for insurance coverage for contraception violated federal law.The next year, in Burwell v. Hobby Lobby, the court thrilled religious groups when it ruled that requiring family-owned corporations to pay for insurance coverage for contraception violated federal law.
The solicitor general, a position often known as “the tenth justice” because of how often he or she appears before the court, has an office inside the Supreme Court.The solicitor general, a position often known as “the tenth justice” because of how often he or she appears before the court, has an office inside the Supreme Court.
While Mr. Verrilli’s appearances before the court certainly earned him visibility, the bigger measure of his job was in deciding what position the Justice Department should take in thousands of appeals in the federal courts, he told a hometown audience in Wilton, Conn., in 2014.While Mr. Verrilli’s appearances before the court certainly earned him visibility, the bigger measure of his job was in deciding what position the Justice Department should take in thousands of appeals in the federal courts, he told a hometown audience in Wilton, Conn., in 2014.
“That’s what I spend most of my time on,” he said, according to the Wilton Bulletin. “Arguing cases is a very small part of the job.”“That’s what I spend most of my time on,” he said, according to the Wilton Bulletin. “Arguing cases is a very small part of the job.”
A graduate of Yale and Columbia Law School, Mr. Verrilli clerked for Supreme Court Justice William J. Brennan Jr. and argued a dozen cases before the court in private practice before joining the Justice Department in 2009.A graduate of Yale and Columbia Law School, Mr. Verrilli clerked for Supreme Court Justice William J. Brennan Jr. and argued a dozen cases before the court in private practice before joining the Justice Department in 2009.
Mr. Obama nominated him in 2011 as solicitor general to succeed Elena Kagan after she was sworn in as a Supreme Court justice. The Senate confirmed him to the post by a vote of 72-16. Senator Jeff Sessions, an Alabama Republican who was the only senator to speak out against him during the floor debate, said he was concerned that Mr. Verrilli and the administration would not be tough enough in arguing terrorism cases.Mr. Obama nominated him in 2011 as solicitor general to succeed Elena Kagan after she was sworn in as a Supreme Court justice. The Senate confirmed him to the post by a vote of 72-16. Senator Jeff Sessions, an Alabama Republican who was the only senator to speak out against him during the floor debate, said he was concerned that Mr. Verrilli and the administration would not be tough enough in arguing terrorism cases.
Mr. Verrilli will step down on June 24. He made no announcement about his plans, but Mr. Obama wished him “a well-deserved vacation.”Mr. Verrilli will step down on June 24. He made no announcement about his plans, but Mr. Obama wished him “a well-deserved vacation.”
The Justice Department said that Ian Gershengorn, who was the principal deputy under Mr. Verrilli, would serve as acting solicitor general.The Justice Department said that Ian Gershengorn, who was the principal deputy under Mr. Verrilli, would serve as acting solicitor general.