On Monday’s Newsroom program, CNN’s senior legal analyst Jeffrey Toobin stuck with his analysis of Supreme Court nominee Sonia Sotomayor from late June- that the judge was “mainstream,” and that it would be difficult to use the reversal of her decision in the New Haven firefighters case and her “Wise Latina” comment against her.

When anchor Rick Sanchez asked if one of those issues was more problematic, Toobin replied, “I think it’s a combination....some Republicans will use [it] to paint a picture of her as kind of an activist...someone who is more interested in helping her community than in interpreting the law. That’s a very tough sell, but I think that’s the argument that they’re building towards.”

During an earlier appearance on the June 29, 2009 edition of the CNN program with anchor Heidi Collins, the very day that the Supreme Court issued its ruling in the Ricci/firefighters case, the analyst stated that the decision “will be a main focus of the attack against her by conservative senators, who will say that her views are out of step with the Supreme Court. Now, that will be a somewhat-tough argument to make, because...her views are clearly in-step with four justices on the Court, including the justice she will be replacing. So, it’s not like her position was so far out the mainstream on this case that you couldn’t even get a single justice to agree with her.”