On Wednesday's New Day show, CNN co-host Alisyn Camerota misleadingly claimed that "only 20 percent" of Americans support banning abortion as chief legal analyst Jeffrey Toobin declared that it would be "politically unpopular" to overturn the Roe v. Wade Supreme Court decision.
Camerota -- who has a history of distorting polling results to claim abortion is more popular than it actually is -- brought up public opinion toward Roe v. Wade as the group discussed the possibility that Justice Amy Coney Barrett would be appointed to the U.S. Supreme Court:
I think one of the interesting discussions about abortion is that the country is generally divided. I mean, almost split right in half about how they view it. However, in the latest Gallup polls, 20 percent of the country -- oh, I should say, only 20 percent of the country wants to outlaw it, okay? So you can feel differently about the different nuances of it, but only 20 percent wants to outlaw it. And that's, ultimately, you know, obviously, what would happen if Roe versus Wade were done away with. And so it's just interesting -- I mean, obviously, we're segueing into a political stance here, but if the country does, you know, support the direction that this is going in.
In fact, the most recent Gallup poll on the subject finds that the 20 percent number only applies to those who support banning all abortions. The same poll finds that many more support banning most abortions, with some exceptions. In fact, a 55 percent majority believed abortion should either be legal only under "only a few circumstances" (35 percent) or under no circumstances (20 percent).
NewsBusters has previously documented that Camerota has a history of distorting such polling to wildly overstate how popular abortion is with the public.
Toobin went along with the deceptive premise that restricting abortion is unpopular as he responded:
Well, this is why when Republican Presidents nominate justices to the Court, they try to pretend that there's some mystery what their views are about Roe versus Wade because they know the country is against them on this issue. But let's be clear -- since 1973 when Roe versus Wade was decided, it has been the single most -- biggest obsession of the Repub -- of the conservative legal movement to see the decision overturned even though it's politically unpopular in the country. They know it's politically unpopular in the country, but they want to do it anyway, but they want to do it in such a way that there's no political accountability for it.
Earlier in the segment, co-host John Berman brought up Justice Barrett's history of speaking out against the Supreme Court decision that preserved ObamaCare, leading Toobin to fret about whether enough people are aware of her views on the subject. Here's Toobin:
There is just no mystery about this. It's why she's being selected. And, just yesterday, the President said he wants nine justices on the Supreme Court because he wants to challenge mail-in voting, and he wants the Supreme Court to vote on that. How do you think Amy Coney Barrett is going to vote? He's putting her on the Court to help him win reelection in a political sense and in a very specific sense, to throw out votes he doesn't want. I mean, you know, it's sometimes important to see what's right in front of you, and what's right in front of you is why Amy Coney Barrett is the leading candidate for this post.
This episode of CNN's New Day was sponsored by Jared. Their contact information is linked.
Below is a transcript of the relevant portion of the Wednesday, September 23, New Day on CNN:
New Day
9/23/2020
6:52 a.m. Eastern
JOHN BERMAN: The reason I brought up ObamaCare to begin with, Jeffrey, though, is because there's a clear record here, right? There's a record in her own writings. There's no ambiguity on where she stands on this.
JEFFREY TOOBIN: And this is why -- this is why she's being picked.
BERMAN: Right.
TOOBIN: I mean, you know, look at what, you know, the President has said many times he will appoint justices to the Supreme Court who will vote to overturn Roe versus Wade. I think what he means by that is he will appoint justices to the Supreme Court who will vote to overturn Roe versus Wade. His views on ObamaCare are very clear. He wants to get rid of it. His Justice Department, in the case we're talking about on November 10, is a challenge to every aspect of ObamaCare. Amy Coney Barrett -- based on everything we know about her -- will vote to overturn ObamaCare.
I mean, there is just no mystery about this. It's why she's being selected. And, just yesterday, the President said he wants nine justices on the Supreme Court because he wants to challenge mail-in voting, and he wants the Supreme Court to vote on that. How do you think Amy Coney Barrett is going to vote? He's putting her on the Court to help him win reelection in a political sense and in a very specific sense, to throw out votes he doesn't want. I mean, you know, it's sometimes important to see what's right in front of you, and what's right in front of you is why Amy Coney Barrett is the leading candidate for this post.
ALISYN CAMEROTA: I think one of the interesting discussions about abortion is that the country is generally divided. I mean, almost split right in half about how they view it. However, in the latest Gallup polls, 20 percent of the country -- oh, I should say, only 20 percent of the country wants to outlaw it, okay? So you can feel differently about the different nuances of it, but only 20 percent wants to outlaw it. And that's, ultimately, you know, obviously, what would happen if Roe versus Wade were done away with. And so it's just interesting -- I mean, obviously, we're segueing into a political stance here, but if the country does, you know, support the direction that this is going in.
TOOBIN: Well, this is why when Republican Presidents nominate justices to the Court, they try to pretend that there's some mystery what their views are about Roe versus Wade because they know the country is against them on this issue. But let's be clear -- since 1973 when Roe versus Wade was decided, it has been the single most -- biggest obsession of the Repub -- of the conservative legal movement to see the decision overturned even though it's politically unpopular in the country. They know it's politically unpopular in the country, but they want to do it anyway, but they want to do it in such a way that there's no political accountability for it.
And, you know, but, you know, don't kid yourself -- Roe versus Wade is not just about abortion rights in the states -- which is of course a very big issue -- and if Roe versus Wade was overturned, abortion would be illegal in about a third of the country almost immediately because the states would move to ban it. But it's also the central goal of the conservative legal movement to get that case overturned. And if you look at Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett -- if she's nominated -- there is very little doubt how they would vote given the cases they've already decided at the Supreme Court. The cases that Gorsuch and Kavanaugh have lined up against abortion rights -- Barrett has spoken about the issue elliptically, but I don't think there's any mystery. I don't think there is any mystery, this is the stakes in this nomination.
