Jeffrey Toobin Warns Same-Sex Marriage Is ‘Certainly’ in Jeopardy After Opinion Overturning Roe v. Wade Leaked

 

CNN chief legal analyst Jeffrey Toobin reacted to a leaked draft of a Supreme Court majority opinion overturning Roe v. Wade on Monday night, warning the same-sex marriage could be next.

POLITICO obtained the document in an unprecedented breach of high court custom.

Toobin appeared on Don Lemon Tonight, where the eponymous host asked, “What other cases have been decided based on these precedents that could now be in jeopardy?”

Toobin didn’t hesitate.

“Same-sex marriage is, certainly,” he replied. “This came up a lot during the confirmation hearings of Judge Ketanji Brown Jackson – that it is quite clear that the Republican majority–the Republican politicians, at least, think this is the time to roll back a whole series of opinions that were passed when the Supreme Court had a very different majority.”

He went on to state this development isn’t surprising, given that Donald Trump appointed three of the court’s nine justices, all of whom are in line to vote to overturn Roe.

“When Donald Trump ran for president in 2016, he could not have been more explicit,” Toobin continued. “He said over and over again, ‘I will appoint justices to the Supreme Court who will vote to overturn Roe v. Wade.’ And what I think he meant by that was he was going to appoint justices to the Supreme Court who will vote to overturn Roe v. Wade. And if this leak is accurate – and I have every reason to believe that it is – that’s precisely what happened.”

He chided those who accused Democrats concerned about Roe being overturned of being alarmist.

“And, you know, when Democrats have tried to call attention to this, people have said, ‘Oh, they’re overreacting. They’re panicking. It’s not true. Roe v Wade’s been around for 50 years. No one’s ever gonna overturn it.’ Well, take a look at this. This is what Republicans and conservatives have been trying to do for decades. And it looks like they succeeded.”

The court ruled that prohibitions on same-sex marriages are unconstitutional in the 2015 landmark case Obergefell v. Hodges.

Watch above via CNN.

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Mike is a Mediaite senior editor who covers the news in primetime. Follow him on Bluesky.