On Monday, President Barack Obama nominated White House Deputy Counsel Donald Verrilli Jr. to be U.S. solicitor general. If confirmed by the Senate, Verrilli would take over for Neal Katyal, who is principal deputy solicitor general and has been acting solicitor general since Elena Kagan vacated the office on May 17, 2010, to become a U.S. Supreme Court associate justice.

In a statement announcing Verrilli’s nomination, along with that of David S. Cohen to be a Treasury Department under secretary, President Obama said: “I am grateful these accomplished individuals have agreed to continue their service to the nation, and I’m confident they will serve ably in these important roles.  I look forward to working with them in the coming months and years.”

Verrilli began work in the Obama Administration as an Associate Deputy Attorney General in the Department of Justice, focusing on domestic and national security policy issues. Prior to that, he spent more than 20 years with the law firm Jenner & Block, where he specialized in First Amendment, telecommunications, and intellectual property law. He is probably best known for being the lead attorney for the recording industry in lawsuits against the file-sharing company Grokster, arguing the case before the Supreme Court. In addition, he spearheaded a $1 billion copyright case on behalf of Viacom Inc. against Google and YouTube and a lawsuit that led to a $1.5 million jury award against a Minnesota woman for illegally sharing several dozen songs online.

In addition, Verrilli has been involved in a number of pro bono cases, including Baze v. Rees, a losing effort in 2008 to challenge the constitutionality of lethal injections. In all, he has argued 12 cases before the Supreme Court.

Now, if confirmed by the Senate, Verrilli will become a regular fixture before the Court. The solicitor general is often called the “Tenth Justice” because of the influence he or she has, not only in arguing cases before the Court but also in providing background briefings to the justices when they ask for the government’s position on a pending case and in weighing in with amicus briefs in other cases.

So far, no one in the Senate has come forward to oppose Verrilli’s nomination. But, given the contentious nature of past confirmation hearings and the number of Obama appointments that have been blocked in that chamber, there is always the chance that Verrilli’s confirmation may not go as smoothly as the administration would like.

You can read more about the duties and history of the position of solicitor general in the September 2010 issue of Supreme Court Debates.