CNN legal analyst Jeffrey Toobin — who famously predicted the Supreme Court would strike down the Affordable Care Act, and ultimately was proven wrong — has decided not to make a prediction on how the high court will come down on California’s Proposition 8 case.
“How did it sound? Give it all to me, let me know what they said, how they questioned, and whether we can read any tea leaves,” CNN’s Ashleigh Banfield asked Toobin after the court’s arguments Tuesday morning.
“Ashleigh, this was a deeply divided Supreme Court, and a court that seemed almost to be groping for an answer here. I am now not in the business of making predictions, but I think it is even harder to predict the result of this case after hearing this argument.”
Toobin took viewers through the proceedings, but ultimately stopped short of offering an prediction on the possible outcomes.
At one point during the segment, Banfield noted that the last time Toobin appeared on the steps of the Supreme Court for live legal analysis, it was after the oral arguments on President Obama’s health care reform. At that time, Toobin called the hearing a “train wreck for the Obama administration,” adding, “This law looks like it’s going to be struck down.”
“Are you going to remind me about it?” Toobin asked Banfield Tuesday. She didn’t mention Toobin’s incorrect prediction, and continued asking about Tuesday’s proceedings.
After the CNN hit, Toobin said on Twitter that there was no clear winner in the oral arguments. He also responded to someone who asked whether he was playing it safe after getting “egg on the face” last year. “Bingo!” Toobin wrote.
Totally baffled after hearing today”s #ssm args. No clear winner. #scotus
— Jeffrey Toobin (@JeffreyToobin) March 26, 2013
Bingo! #scotus RT @thebookviking: @jeffreytoobin playin’ it safe after egg on the face last time, eh? 🙂
— Jeffrey Toobin (@JeffreyToobin) March 26, 2013
Watch Toobin’s CNN appearance:
