CNN’s legal analyst Jeffrey Toobin acknowledges that critics mocked his concerns that a conservative Supreme Court would spell the end of Roe v. Wade. And during a Wednesday appearance on New Day to explain a new law just passed in Texas that effectively ends abortions in that state, Toobin doubled down on his warning, adding “the sky is falling.”

Toobin had previously stated that this is the first time since 1973 (when the landmark abortion rights Supreme Court decision occurred) that a state has effectively banned abortion. The legal specifics of the Texas law are complex and admittedly confusing to most laypeople, which Toobin explained to co-anchors John Berman and Kaitlyn Collins (filling in for Brianna Keilar.)

Toobin explained

This is a peculiar situation designed to create legal complications. It is not the state of Texas that enforces the law the way it works in most states — the way it works in most states, the way it works in every state — it’s the system of private enforcement, ‘private attorneys general’ it’s called, and what this difficulty it’s created is that it’s unclear who the abortion provider should sue. Usually, you just sue the state government and the court issues an injunction on state government don’t enforce the law. With no single enforcer of the law, there is this procedural problem that abortion providers have that it is unclear who they’re supposed to sue. That’s what’s creating this legal tangle, separate from the issue about the abortion law, but the effect is that this law is now in effect and Roe v. Wade essentially does not exist, at least in the state of Texas and probably more in states to come.

Berman made sure that the essence of Toobin’s claim was not lost, following with “There is so much about this that’s fascinating but this last sentence from you, Jeff, people need to understand. As of now, Roe v. Wade overturned isn’t the right word but upended, I think is.”

“Exactly right,” Toobin replied. “January 23rd, 1973, the day of Roe v. Wade, was the last time a state had laws banning abortion. Today, September 1st, 2021, is the first day since 1973 where a state has legally banned abortion. There are no more abortion clinics functioning in Texas. Zero.”

Later in the segment, Toobin was asked about the political impact of this new law.  “Donald Trump ran for president saying I will appoint justices to the Supreme Court who will vote to overturn Roe v. Wade,” he said before explaining how five Supreme Court Justices are considered to be willing to overturn the landmark abortion rights decision.

“We have been accused, those of us saying that Roe is about to be overturned, as being chicken little the sky is falling,” Toobin noted. “The sky is falling.”

Speaking purely politically, it should be noted, that a national discussion about abortion rights comes at a convenient time for the Biden administration who sees approval numbers dip to the lowest levels since President Joe Biden took office, in large part to a widely panned withdrawal execution from Afghanistan.

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