Amicus With Dahlia Lithwick | Law, justice, and the courts Yes, Supreme Court Decisions Really Matter
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Feb 28, 2026 
Donald B. Verrilli Jr., former U.S. Solicitor General and Supreme Court litigator, reflects on decades of court battles. He describes how current administration tactics test judges, wrestles with when to call government claims pretext, and debates whether recent opinions signal new skepticism toward presidential power. He also worries about delays, splintered rulings, and what that means for the rule of law.
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Administration Arguments Not On The Level
- Donald B. Verrilli Jr. says the core problem is the administration's arguments and actions are “not on the level.”
- That forces courts into a dilemma: calling out pretext risks shifting vast power from the presidency to judges.
SG Office Under Unprecedented Pressure
- Verrilli highlights pressure inside the Solicitor General's office between preserving institutional credibility and satisfying the president.
- He doubts current DOJ deference to SG autonomy exists now, noting briefs that read like they were written by President Trump.
Tariffs Ruling Showed Court's Real-World Awareness
- Verrilli sees the tariffs decision as the Court recognizing real-world consequences, not a mere academic exercise.
- He applauds Chief Justice Roberts for a resolute opinion that resisted blessing a wholesale transfer of power to the president.
