During CNN's live coverage of the Supreme Court ruling mandating the nationwide legality of same-sex marriage, CNN's senior legal analyst, Jeffrey Toobin, repeatedly made cracks about Antonin Scalia, dubbing the conservative Supreme Court Justice as the "'get off my lawn' justice," and asserting that there was "outward bigotry" in a dissenting opinion Justice Scalia gave back in 2003 on a gay rights-related case.
About 10:30 a.m., after quoting from a dissent written by Justice Scalia in the Lawrence V. Texas case from 2003, Toobin declared:
I mean, really, just outward bigotry against gay people. Now, today Justice Scalia begins his dissenting opinion by saying this issue is of no particular importance to me, and the only real issue here is the democratic process, who makes the decisions. Should it be the courts? Or should it be the people?
The CNN legal analyst then added:
Even Justice Scalia, who is the biggest social conservative on the court, he cannot talk the way he used to talk about gay people because culturally, politically, even legally, it's simply not appropriate, and even legal in many, in ways to talk about gay people the way Justice Scalia used to talk about gay people.
As he appeared again later in the day at about 2:10 p.m., during a discussion of Scalia's dissent in today's case, Toobin accused him of being "angry" and "over the top" in his dissent:
Well, you know, he has become the "get off my lawn" justice, you know. He is so angry all the time, you would think he lost every case when, in fact, the conservatives on the court, of whom he is a senior member, usually win most cases.
But the health care case yesterday and the marriage case today have really set him off, and today was not so much the rhetoric about the issue, but it was the attacks on Justice Kennedy personally, his calling the opinion "embarrassing"and "disgraceful" was really a kind of breach of decorum that even in the spirit of dissenting opinions that the justices are known to write was really kind of over the top.
Also of note, shortly after the 2:00 p.m. hour began, CNN anchor Brooke Baldwin adopted the liberal term "marriage equality" as she introduced her own coverage of the story, and correspondent Pamela Brown excitedly touted the "extraordinary, historic day," and ended up declaring that "This is one of the greatest civil rights issues of our time, and Justice Kennedy cemented his legacy as a gay rights champion."
Below are transcripts of relevant portions of CNN live coverage from Friday, June 26:
10:33 a.m.
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Blistering dissent, Jake (Tapper), but it's very different. And I think, if you want illustrations of how much the country has changed in the past decade or so, you need only look at Justice Scalia because in 2003, in the case of Lawrence V. Texas, he also dissented, another Anthony Kennedy opinion. And that was the case that said gay people could not be criminally prosecuted for having sex. And listen to this, what Justice Scalia wrote in 2003. He said:Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as Scout masters for their children, as teachers for their children's schools, or as boarders in their home. They viewed this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.
I mean, really, just outward bigotry against gay people. Now, today Justice Scalia begins his dissenting opinion by saying this issue is of no particular importance to me, and the only real issue here is the democratic process, who makes the decisions. Should it be the courts? Or should it be the people?
Even Justice Scalia, who is the biggest social conservative on the court, he cannot talk the way he used to talk about gay people because culturally, politically, even legally, it's simply not appropriate, and even legal in many, in ways to talk about gay people the way Justice Scalia used to talk about gay people.
2:00 p.m.
BROOKE BALDWIN: But first, an historic moment in this country today. From this day forward, same-sex marriage is not legal in the United States of America. The U.S. Supreme Court handing down a 5-4 decision that means no U.S. state can ban same-sex marriage anymore. As news rippled through the crowds who were rallying for marriage equality, outside the courthouse people broke out into cheers followed quickly by patriotism.[Clip of crowds cheering and then singing "The Star-Spangled Banner"]
Among the crowds there, on the front steps, you have this man. Let me hone in on Jim Obergefell and tell you his story. He is the lead plaintiff in this Supreme Court case, starting this legal battle after his long-term partner passed away back in 2013. And because same-sex marriage wasn't legal in their home state of Ohio, Obergefell wasn't listed on his husband's death certificate. But today, his fight for equality is over, and he spoke with our justice correspondent Pamela Brown. And, as he did so, this was almost a once in a lifetime moment here that was captured live on CNN. His phone rang. Our cameras were rolling during this emotional moment when -- you know who was on the other end of that phone call? The President called him personally to thank him.
[Clip of Jim Obergefell taking with President Obama]
2:02 p.m.
PAMELA BROWN: It's just been an extraordinary, historic day here at the Supreme Court, Brooke. In fact, a lot of people thought we were going to get this ruling on Monday, the last day of the term, so it was a bit of a surprise when we found out that the opinion was going to be announced today.And, as soon as we found it was Justice Kennedy, you could feel sort of the energy change out here, outside in front of the Supreme Court, and then as soon as it was announced that Justice Kennedy, the majority on the Supreme Court made same-sex marriage a nationwide constitutional right, you could hear the crowed just erupted in applause, they were screaming, balloons were released into the air, and, in fact, they ran onto the plaza here at the Supreme Court, which is highly unusual. You're not supposed to be on the plaza.
But, as you can see, they poured onto the plaza, celebrating, singing patriotic songs, singing the National Anthem, because is a day that these gay rights advocates have been fighting for for decades.This is one of the greatest civil rights issues of our time, and Justice Kennedy cemented his legacy as a gay rights champion.
(...)
2:10 p.m.
BROOKE BALDWIN: A 5-4 decision here, you have Justice Kennedy writing the majority opinion, but it was -- I want to focus on Justice Scalia because, wow, what a week it has been. I mean, yesterday, he was dissenting talking about, what, somersaults and downward spirals and apple sauce. And today, what are some of the words that stood out for you?JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, you know, he has become the "get off my lawn" justice, you know. He is so angry all the time, you would think he lost every case when, in fact, the conservatives on the court, of whom he is a senior member, usually win most cases.
But the health care case yesterday and the marriage case today have really set him off, and today was not so much the rhetoric about the issue, but it was the attacks on Justice Kennedy personally, his calling the opinion "embarrassing"and "disgraceful" was really a kind of breach of decorum that even in the spirit of dissenting opinions that the justices are known to write was really kind of over the top.
