Donald Verrilli Jr.
|46th United States Solicitor General|
June 9, 2011
|Appointed by||Barack Obama|
|Preceded by||Neal Katyal (Acting)|
|Born||Donald Beaton Verrilli, Jr.
June 29, 1957
New Rochelle, New York, U.S.
|Alma mater||Yale University
Columbia Law School
Donald Beaton Verrilli Jr. (born June 29, 1957) is an American lawyer who serves as the current Solicitor General of the United States. He was sworn into the post on June 9, 2011. On June 6, 2011, the United States Senate confirmed Verrilli in a 72–16 vote. President Barack Obama had nominated Verrilli to the post on January 26, 2011. Verrilli previously served in the Obama administration as the Associate Deputy United States Attorney General, and as Deputy Counsel to the President.
Early life and education
Verrilli was born in New Rochelle, New York in 1957 to Donald and Rose Marie Verrilli. The family moved to Wilton, Connecticut, and Verrilli graduated from Wilton High School in 1975. He received his B.A. cum laude from Yale University (1979) and his J.D. from Columbia Law School (1983), where he was Editor-in-Chief of the Columbia Law Review and a James Kent Scholar. After graduating from law school, he was a clerk for federal Court of Appeals Judge J. Skelly Wright and for Supreme Court Justice William J. Brennan Jr.
Verrilli was a senior litigator with Jenner & Block, a U.S. law firm. He specialized in telecommunications, media and First Amendment law. In 2005, he represented the Recording Industry Association of America (RIAA) before the Supreme Court in MGM v Grokster. In 2007, he represented Viacom in Viacom v. Google. During the same year, he also represented RIAA in Capitol v. Thomas and opposed the retrial of the case.
Verrilli "has participated in more than 100 cases before the Supreme Court and has argued seventeen." In addition to Grokster, these include two pro bono cases that were notable in the area of defendants rights. In Wiggins v. Smith, Verrilli successfully argued that his client had been denied effective assistance of counsel. In Montejo v. Louisiana, he unsuccessfully argued that his client's Sixth Amendment rights had been violated when he was questioned after having counsel appointed to him.
In early 2009, Verrilli was appointed by Barack Obama to the position of Associate United States Deputy Attorney General within the U.S. Department of Justice. In that capacity, he helped to formulate rules for Justice department review of claims that lawsuits should be dismissed because they might expose state secrets. Subsequently, in 2010, he moved to the White House as Deputy Counsel to the President. Verrilli was considered a leading candidate to replace Elena Kagan as Solicitor General of the United States upon her confirmation as an Associate Justice of the United States Supreme Court.
Work as Solicitor General
On January 26, 2011, President Obama nominated Verrilli to succeed Elena Kagan as Solicitor General of the United States. On May 12, 2011, the United States Senate Committee on the Judiciary voted 17-1 to forward Verrilli's nomination to the full Senate.
On May 26, 2011, Senate Democrats filed for cloture on Verrilli's nomination. A cloture vote had been scheduled for June 6, 2011 but then was withdrawn right before the scheduled cloture vote. Instead, the Senate on June 6 proceeded straight to an up-or-down vote on Verrilli's nomination. Senators then confirmed Verrilli in a 72–16 vote. Verrilli was sworn in on June 9, 2011 and became the 46th Solicitor General.
On March 26, 27 and 28, 2012, he argued the Patient Protection and Affordable Care Act before the Supreme Court. His performance on the 27th, the first involving substantive arguments regarding the constitutionality of the PPACA, was widely panned as a "disaster" for the Obama administration. However, he was vindicated on June 28, 2012 when the court ruled that the individual mandate and most of the Act was constitutional, albeit as a tax and not as an exercise of Congress’s power under the Commerce Clause. His oral arguments were praised by some[who?] who remarked that "court arguments are not television anchor tryouts; they’re about the merits of an argument, and a review of the transcript of the oral arguments from that day (with the benefit of hindsight, of course) finds Verrilli made a strong case for the government’s taxing power." CNN legal commentator Jeffrey Toobin, one of Verrilli's strongest critics, apologized on-air and said "This is a day for Don Verrilli to take an enormous amount of credit, and for me to eat a bit of crow, because he won, and everyone should know that that argument was a winning argument, whatever you thought of it."
After hearing his arguments in Shelby County v. Holder, Lincoln Caplan of The New York Times called Verrilli a "lawyer’s lawyer" and said that he "isn't showy, but he is a deeply experienced and capable advocate who finds ways to make technical legal arguments that persuade a majority of justices. While he’s not inspiring, he’s often effective."
United States Attorney General speculation
In September 2014 when Attorney General Eric Holder announced his intention to step down, multiple sources named Verrilli as being a potential candidate as the next United States Attorney General.
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- Gunn, Angela (February 6, 2009). "Prosecutor in Jammie Thomas case joins DoJ". Betanews. Retrieved March 31, 2011.
- Urbina, Ian (March 24, 2012). "Donald Verrilli, the Lawyer Who Will Defend Obama's Health Law". The New York Times.
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- The White House: Office of the Press Secretary (January 24, 2011). "President Obama Announces More Key Administration Posts". whitehouse.gov. Retrieved March 31, 2011.
- "Presidential Nominations Sent to the Senate | The White House". M.whitehouse.gov. January 26, 2011. Retrieved March 29, 2012.
- "Senate Judiciary Committee Recommends Donald Verrilli for Solicitor General". Amlawdaily.typepad.com. May 12, 2011. Retrieved March 29, 2012.
- "U.S. Senate Periodical Press Gallery". Senate.gov. Retrieved March 29, 2012.
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- "Verrilli Sworn In as Solicitor General - The BLT: The Blog of Legal Times". Legaltimes.typepad.com. June 10, 2011. Retrieved March 29, 2012.
- "Solicitor General: Donald B. Verrilli, Jr.". Office of the Solicitor General. Retrieved 28 February 2015.
- Little, Morgan (March 30, 2012). "For government lawyer Verrilli, tough week on healthcare case". Los Angeles Times.
- Serwer, Adam. "Obamacare's Supreme Court Disaster".
- Rosen, Jeffrey. "One Simple Argument Could Have Saved Obamacare. Too Bad Verrilli Didn’t Make It.".
- Goodwin, Liz. "Obama’s Solicitor General, Donald Verrilli, has rough start at health care oral arguments".
- Verrilli, Skadden, Cravath, Freehills: Business of Law, Bloomberg/Businessweek. By Elizabeth Amon. June 29, 2012. Retrieved June 29, 2012.
- CNN's Jeffrey Toobin: 'I got it wrong', Politico. By Dylan Byers. Posted June 28, 2012. Retrieved June 28, 2012.
- Montanaro, Domenico. "How Verrilli may have won over Roberts".
- Broder, John M. (June 29, 2012). "Vindication for Maligned Lawyer in Justices’ Ruling". The New York Times.
- Broder, John M. (March 22, 2013). "The Stealthy Solicitor General". The New York Times.
- Matt Apuzzo & Michael D. Shear (25 September 2014). "Attorney General Eric Holder, Prominent Liberal Voice in Obama Administration, Is Resigning". The New York Times. Retrieved 25 September 2014.
- Johnson, Carrie (September 25, 2014). "Eric Holder To Step Down As Attorney General". National Public Radio. Retrieved September 25, 2014.
- Camia, Catalina (25 September 2014). "After Eric Holder: Potential attorney general choices". USA Today. Retrieved 25 September 2014.
- "Laster Named Director of NCUA’s Office of Consumer Protection". National Credit Union Administration. Retrieved February 25, 2014.
|Solicitor General of the United States