CNN legal analyst believes gay marriage could be next if Supreme Court overturns Roe v. Wade

·2 min read

CNN legal analyst Jeffrey Toobin appeared Monday on Don Lemon Tonight and reacted to the unprecedented leak of a Supreme Court draft opinion written by conservative Justice Samuel Alito signaling the court’s plan to overturn Roe vs. Wade. The move would do away with abortion rights at the federal level, leaving it up to the states. With a safe conservative majority of 6-3 in the Supreme Court, Toobin expects Republicans to look to overturn other laws that are unpopular among conservatives. He believes that same sex marriage, legalized by the Supreme Court in 2015, could be next.

“Jeffrey, you talked about Roe in the beginning and you mentioned Griswold vs. Connecticut,” Lemon said. “What other cases have been decided based on these precedents that could now be in jeopardy?” “Same sex marriage is, certainly,” Toobin replied. “This came up a lot during the confirmation hearings of judge Ketanji Brown Jackson. It is quite clear that the Republican majority — the Republican politicians, at least, feel like this is the time to roll back a whole series of opinions that were passed when the Supreme Court had a very different majority.”

This should not be a surprise.Jeffrey Toobin

News of the leaked opinion draft, first reported by Politico, was met with outrage by proponents of abortion rights, but Toobin was not at all surprised as the Supreme Court currently seats three justices nominated by former President Trump for this exact reason.

“This should not be a surprise,” Toobin said. “When Donald Trump ran for president in 2016, he could not have been more explicit. He said over and over again, ‘I will appoint justices to the Supreme Court who will vote to overturn Roe v. Wade.’”

Don Lemon Tonight airs weeknights at 10 p.m. on CNN.

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