CNN’s Jeffery Toobin Says Past Liberals on Supreme Court are ‘Surprisingly Moderate’

-By Warner Todd Huston

If we needed more proof that CNN’s legal analyst, Jeffery Toobin, is one of the most disingenuous legal minds of our day, the Saginaw News helped us out with that quest. Toobin made an appearance at a Midland, MI event this week where, among other comments, he ridiculously claimed that the left leaning Justices that sit on the Supreme Court are “surprisingly moderate.”

We will remember one of Toobin’s other recent absurdities when he claimed that the GOP likes voter I.D. laws because they “stop Democrats from voting,” despite the fact that all evidence shows that requiring an I.D. has not stopped anyone from voting.

In his remarks in Michigan, Toobin predicted that Barack Obama will eventually become a Supreme Court Justice because the Court “needs that kind of person, that kind of mind.”

One might wonder if the “kind of mind” Toobin means is the kind that would say that Americans who support the Second Amendment and are religious are “bitter”? If THAT kind of mind is something the SCOTUS needs, obviously the Constitution isn’t important to Toobin!

Toobin also tried to raise fears in the audience that if John McCain became president he’d try to fill the court with right-wing fanatics.

He pointed to a little-covered May 6 speech by GOP presidential candidate John McCain, one spoken in code, that indicates McCain will accelerate the court’s conservative bent that the current President Bush began.

What Toobin disingenuously didn’t mention to his audience was the fact that if McCain becomes president, he will have a solidly Democrat controlled Congress (both Houses) and he will not have the power to seat Constructionist or conservative judges.

The fear that Toobin tried to fan in his audience was bazen because Toobin knows full well that McCain will never be able to get conservative judges past a Democrat controlled Senate who have the “advise and consent” role to play in seating judges.

Next Toobin took a stab at labeling the left leaning Justices on the SCOTUS and came up with an absurd assessment.

Nixon, who served only 51/2 years, nominated four (all of them surprisingly moderate).

Moderate? It was Nixon’s appointees that ruled that capital punishment was unconstitutional. And let us not forget that the Warren Burger court, filled with Nixon appointees, was the Court that forced Roe v. Wade on the nation, as well as school desegregation and forced busing.

Toobin also went on to attack the left’s favorite whipping boy, Justice Clarence Thomas.

And from October 2006 to June 2007, the court heard 104 oral arguments, and in those cases Justice Clarence Thomas did not ask one single question.

Justice Stephen Breyer uttered 35,000 words during the oral arguments, Thomas zero.

And… so? Toobin hangs that out there and just allows it to sit like an indictment. But, notice how he doesn’t say a word about Thomas’ decisions? It does not matter how much blather one does in the courtroom. It is the written decisions that matter.

But, Toobin knows all this stuff and he doesn’t care a whit. Because, you see, Jeffery Toobin isn’t a mere legal analyst. He is an activist for the far left and he will use his position at CNN to promulgate that agenda every time, “analysis” quite aside. This is why I call him the most disingenuous legal mind in the country. It’s all about his far left agenda, not about the law.

(Photo Credit: CNN)


Warner Todd Huston is a Chicago based freelance writer, has been writing opinion editorials and social criticism since early 2001 and is featured on many websites such as,, New Media Journal, Men’s News Daily and the New Media Alliance among many, many others. Additionally, he has been a frequent guest on talk-radio programs to discuss his opinion editorials and current events. He has also written for several history magazines and appears in the new book “Americans on Politics, Policy and Pop Culture” which can be purchased on He is also the owner and operator of Feel free to contact him with any comments or questions : EMAIL Warner Todd Huston

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