On Monday night’s Don’t forget Lemon tonight, the CNN host claimed that the Supreme Court of the United States, according to the unamend people he says he’s talked to, is “now firmly in the hands of white, Christian supremacists.” And that in the recent overturn of Roe v. Wade, “religion- based bigotry prevails.”
Lemon welcomed Jeffery Toobin, CNN chief legal analyst, to discuss further on the legitimacy of the Court and its ruling, though in the end, “they still have the last word.”
Lemon presented a new CBS/YouGov poll finding that “59 percent of Americans do not approve of the court’s move to overturn Roe and support for the Court is already at a historic low before this.” Asking: “what do [the findings] this mean for the Court’s legitimacy?”
“I don’t think it has a big impact…so, what?” Toobin said. “So, people don’t approve… their decisions are still their decisions… unless it gets to be some overwhelming rejection, I don’t think this really, it has much significance, those polling- that polling.”
With regard to the state-level trigger laws banning abortion and lack of available action that the Biden administration can take, both Lemon and Toobin recognized that the “Democrats are pretty powerless.” Toobin stated that there are “going to be fights in the states… and the states that are going to have the biggest fights are those where control of the state government is really contested.”
The case of Roe v. Wade Justice Clarence Thomas meant business; Toobin commented that, “he says what he means.” He went on to suggest the Court was ready to start targeting marriage cases and contraception; “the one that is in greatest danger in same-sex marriage… there will be at least one state that says, you know it we’re going to outlaw it again.”
Meanwhile, no other justice signed on to Thomas’s concurrence. All of them signed opinions that stated the ruling could only be applied to abortion.
Lemon asked about the possibility of an interracial marriage, and the Justice’s support for it.
Justice Thomas is a black man and Ginni Thomas, his white wife, are married for over 35 years.
Toobin responded, “Everyone knows he’s involved – he’s married – he’s married to a white woman,” inferring that this might be the only reason that the Justice is not looking in to the case, Loving vs. Virgina.
With all this said and in mind, Toobin remarked that the Supreme Court is “in the hands of extremely conservative Republicans who have a very specific agenda … they are lowering the barriers between church and state. They were clearly wrong. Roe Vs. Wade This is their agenda… the agenda is very clear.”
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CNN Don Lemon Tonight
06/27/22
Eastern Time: 10:37 p.m.
DON LEMON – Back with more from our CNN Exclusive Interview with Vice President Kamala Harris, as well as what America will be like in the new world of America with all these abortion bans being put into place across the country.
This is Jeffrey Toobin, CNN’s chief lawyer analyst. Jeffrey, it’s good to meet you. Jeffrey, it’s great to see you. Which options do Democrats have regarding SCOTUS’s stance on abortions in general? Because there are so many choices that people have to make, and the White House does not support them. It could be expanding the court, or opening clinics in federal lands.
JEFFREY TOOBIN – You know what, politicians are not proud to acknowledge their inability. The Supreme Court, the Federal System and the Supreme Court are all in the hands of the Democrats.
While I am not 100% powerless here, this really is a state issue. You know that there will be battles between the states. And the most difficult fights will occur in those states with contested control over the state government. Wisconsin has a Republican legislature but a Democratic governor.
Similar in Michigan. Virginia, however, has a Republican governor. But the states that are all Republican, I- I just, I think they’re on the process of banning or limiting abortions so that it’s effectively banned. The federal government doesn’t have much to do, I think.
LEMON: Let’s talk about the actions. They shouldn’t have tried to codify.
TOOBIN: It could. You know what’s even more interesting? Both sides have begun to discuss the codification of abortion law. Mike Pence claims that, if elected President, we will pass a law at Congress banning abortion across the entire country. Biden and Harris are saying, you know, elect Democrats and we’ll pass a federal law legalizing abortion in the whole country.
Legally, the question of whether federal jurisdiction even exists is unanswered. However, to even attempt to pass such a law, one needs to be able to control the process. This is something neither Democrats or Republicans possess at this time.
LEMON: I disagree and agree with you on the first — but I do sympathize with your sentiment when she says he spoke the quiet portion out loud. It wasn’t that quiet. It’s not like he.
TOOBIN: Clarence Thomas is what you’re referring to.
LEMON: Clarence Thomas —
TOOBIN: Yes.
LEMON: – When he said they would come to other contraceptives, I didn’t believe it was quiet. It is clear that he meant it. She disagrees with me on that part. She is correct. He said they should look at the same-sex relationship, same-sex marriage, and contraception. Are you sure she is right?
TOOBIN – I think I — I don’t understand quiet or loud but one of the lessons I have learned while studying Clarence Thomas over a period of time is that I can think. You know what I mean? I have been covering court since 1991, which is basically the entirety of his tenure as a Court reporter. You know what he is referring to.
LEMON: Yes.
TOOBIN – He’s open and truthful, he was the person who was the first to assert that the Second Amendment protected individuals from having weapons.
He spoke about how RoeShould be rescinded since CaseyDecision in 1992. I believe he meant it when he said that these three decisions should be reversed. He has only five votes, which I don’t believe is true at the moment. He mentioned three cases, I believe contraception, same-sex marriage and — which was the third case? I’m blanking.
LEMON: He stated that same-sex relationships are the same as same-sex marital.
TOOBIN = And Consensual Sexual Relation — Activity
LEMON: Yes.
TOOBIN: The one most at risk is the same-sex married couple. The invitation by the Supreme Court means that at least one state will say, “You know what, we’re going to outlaw it again.” The Supreme Court forced it on us, and we didn’t agree to it. Now, we will outlaw the practice again, creating a test.
It could be 5 cases — 5 votes to overrule Obergefell. So, Thomas said that he is already one. If you take a look at Samuel Alito and the other Trump appointees you can see how quickly you can get to five.
LEMON: He doesn’t feel the same way about inter-racial marriage.
TOOBIN : Let’s not hide that fact. Everyone knows that he is involved. He’s married. Some people believe he doesn’t talk. about Loving vs VirginiaThis is an interracial case. He defended that the case also concerned privacy as in other cases involving abortion. It also included a racial component, making it an entirely different case for substantive due process.
LEMON: Still didn’t mention it.
TOOBIN – I’m sorry. Don, I am trying to be fair. It’s true, Don.
LEMON: AND Be LovingRoe was only a few years ago. I don’t mean to say that.
TOOBIN – It was. It was.
LEMON: Yes.
TOOBIN: You could explain why this is so.
LEMON: This is a new topic. This is something new. CBSA YouGov survey found that 59% of Americans don’t approve of the court’s decision to reverse its ruling. RoeSupport for the Court has fallen to an all-time low, This, hyper-partisan court decisions: What do these mean for the Court’s legitimacy?
TOOBIN Her concern was never for the court to be too in line with the public’s opinion. It was something that she shared openly. These conservatives are very different. To be honest, I find it interesting. But it doesn’t have a huge impact on me.
LEMON: What do you mean?
TOOBIN: So, what? So, people don’t approve.
LEMON: I agree.
TOOBIN – You understand what I’m referring to? It’s just that I don’t believe it — some people claim it will hurt the Court’s credibility. It’s still their decision. Und they are still
LEMON: It’s still law.
TOOBIN: They still hold the final word.
LEMON: Yes.
TOOBIN
LEMON: Is the Court — Do you believe that it is — What are your thoughts? The SCOTUS now belongs to white Christian supremacists, they claim. Religious bigotry is a dominant theme. It is the general sentiment. You think that is a good idea?
TOOBIN – That is not the Court I prefer to refer too. To my mind, the Court is held by extremely conservative Republicans with a specific agenda. This includes limiting government regulation on climate change.
This Wednesday’s decision is as important as any other. Dobbs is. This is what I am referring to. West Virginia — West Virginia’s case. They want to restrict the regulator’s power. Next year they will be hearing the Affirmative Act case from Harvard.
It’s almost certain that the government will outlaw affirmative action in this country. They’re lowering the boundaries between state and church. They were clearly successful. Roe Vs Wade. Their agenda. As you can see, I do not use such epithets. You know what? The agenda is quite clear.
LEMON: It was extremely conservative. Or is that fringe? Or do —
TOOBIN This shows me that the Republican Party 2022 has a very distinct identity from the Republican Party in the 1990s. The 1992 decision was upheld RoeIt is the Caseydecision, five-to-four, and all five of the justices were Republican.
LEMON: Republicans.
TOOBIN: Now, none.
LEMON: Let’s look at what we have. Jeffrey, we are grateful.
TOOBIN – That’s what makes the difference. You’re a good friend.
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