Obama's Supreme Court Lawyer 'Can't Imagine' The Justices Would Back A Muslim Ban

From his mouth to God's ears.
Donald Verrilli, who steps down as solicitor general next week, had a few parting thoughts.
Donald Verrilli, who steps down as solicitor general next week, had a few parting thoughts.
Haraz N. Ghanbari/Associated Press

The Obama administration's top lawyer before the Supreme Court didn't sound too worried about what the justices might do if a future president tried to ban Muslims from entering the country.

U.S. Solicitor General Donald Verrilli told MSNBC's Ari Melber that he didn't "want to speculate on a case that doesn't exist and probably will never exist."

But he added in the interview aired Friday that he "can't imagine that the court would find a religious test like that appropriate."

It was a remarkably direct comment from an otherwise reserved administration attorney who rarely talks to the press and who does the bulk of his speaking through written briefs and oral arguments.

Verrilli is preparing to step down as solicitor general next week, after five years of arguing and winning some of the most historic cases the Supreme Court has ever decided -- including the battle for constitutional recognition of same-sex couples and two challenges to the Affordable Care Act.

He told MSNBC that the high court's decision to uphold the health care law a second time meant Obamacare was here to stay.

"So I think the debate is effectively over," Verrilli said.

Maybe, maybe not. Though Verrilli won't be in office to guide the administration's response, he's certainly aware of House v. Burwell, the next big constitutional showdown over Obamacare -- this time looking at how one part of the program aimed at helping poor patients is funded.

So maybe his comments were one last effort to persuade the justices.

Watch the full interview with MSNBC below:

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