After attending oral arguments about the Defense of Marriage Act (DOMA) at the U.S. Supreme Court on Wednesday, CNN legal analyst Jeffrey Toobin came to the conclusion that the federal government’s ban on same sex marriage “is in trouble.”
Speaking to CNN cameras outside the court, Toobin noted that the justices “are obviously very deeply split, but I think DOMA is in trouble.”
“And I think it’s in trouble because [Justice] Anthony Kennedy was repeatedly concerned that the Defense of Marriage Act violates states’ rights,” the CNN analyst explained. “Anthony Kennedy, who is as we all know the swing vote this court, is someone who is concerned about gay rights.”
“He was clearly very concerned that the Defense of Marriage Act was invading the province of the states to define marriage. That’s a state function usually. And that would certainly be suggesting that he was going to strike down the law. And certainly the other liberals — the four Democratic appointees looked like they were going to vote to strike it down.”
As Toobin was explaining that the plaintiff in the case, Edith Windsor, had sued the federal government because she was forced to pay $363,000 in estate taxes when her same sex partner died, the veteran CNN analyst found himself being struck in the head by a piece of the network’s lighting equipment.
“I find that I’m thinking more clearly now,” he joked.
Last year, Toobin had incorrectly speculated that the high court would strike down President Barack Obama’s signature health care reform law.
“I’m not in the business of making predictions,” he told CNN host Ashleigh Banfield on Tuesday following oral arguments on California’s Prop 8 ban on same sex marriage.
Watch this video from Fox News’ Fox & Friends, broadcast March 27, 2013.