Supreme Court expert Jeffrey Toobin joined The Last Word host Lawrence O'Donnell Monday night to discuss a subject that hasn't received the attention it deserves: the election's massive implications for the high court.
Toobin, a writer for The New Yorker, predicted that Justice Ruth Bader Ginsburg, a liberal who is 79, likely will step down if Obama wins a second term, because it would guarantee her place would be filled by a like-minded individual.
Toobin pointed out that four of the nine justices are in their 70s, which may mean the court could be shaken up if elderly judges retire or pass away. Currently, the court is finely balanced between five right-leaning justices and four left-leaning justices.
On the flip side, Toobin predicted that if Ginsburg, the eldest justice, were forced to leave during a Mitt Romney presidency, Roe vs. Wade—which keeps abortion legal—would likely be overturned.
The court is expected to hear cases this term on voting rights, gay marriage, and affirmative action, other other crucial issues.



They better watch their decisions. People are very aware that the right wing republican Supreme Court does nothing as jurists. They do what republicans in Congress want done. I have nothing but disgust with what these republicans on the supreme court have done and will do. The republicans in Congress are some of the sorriest people to every be in our government. And the republicans on the supreme court do the same.
President Obama will win a second term barring a major catastrophe in the next month. Romney/Ryan are walking dead men sort of like "Night of the Living Dead." The Romney/Ryan political corpse will make one last gasp or two then keel over into its well deserved grave on November 6th. President Obama needs to appoint liberal judges to the court. I would like to see at least two more liberal female judges that are in their 40's. I would even settle for a moderate judge like Sandra Day O'Connor.
I just know that a majority of women judges will be more sensitive to the needs of families rather than corporations especially if that judge has her own family. If we had four women judges on the Court we would have much fewer problems in the future. Women represent half of the population so we should have at least four or five female judges most of the time on the Court. I do not trust these angry old white men who care only about corporations to make the right decisions for American families. Women judges won't necessary be anti-business but they will be much more sympathetic to the needs of women, children, and families who live on Main Street rather than large multinationals with interests on Wall Street. Women judges in a majority would be a very good thing for our country in the 21st century because without strong families we will not have a strong country. This is what is missing in our jurisprudence right now: empathy for working class families over the power special interest corporate juggernauts.
Many people didn't realize how significant the Bush vs. Kerry election was. Everyone focused on Iraq. However, the much more long term impact was the supreme court. Everyone knew about Rehnquist's illness, but very few made issue that the next chief justice was going to be in the hands of the next person. And even if O'Connor had not retired, we know now that she would have voted opposite of her fellow republicans in citizens united. Why aren't more people using the 2004 election as an example MSNBC?
Excellent point. We could have had Justice Harriet Miers!!! Such was the extent of the Bush appointments. And we are stuck with Alito and Roberts for decades foward.
Why Pyeong? Because that subject does not make enuf $$$ for the media & PAC's.
Cogent topic. Brown is simply not smart enough to be a Senator IMO. Nice guy, but pretty ordinary...is that what we want to send to congress, ordinary people? I certainly hope not. But I must admit that extraordinary people representing the public needs term limits added to assure a balance.
These people are just puppets its time to fire them!.
Lawrence: You've fogotten to list the Supreme Court will surely be taking up the Roman Catholic Church dioceses suits against the Health and Human Services attempt to force them to provide health insurance that provides free oral contraceptive, surgical sterilization and abortion coverage.