Nick Givas, DCNF

CNN chief legal analyst Jeffrey Toobin was slammed by John Avlon and David Gregory on “New Day” Tuesday for being overly dramatic about Judge Brett Kavanaugh’s SCOTUS nomination.

“This is not as far right a pick as the president could have made. And if Democrats seek to tar him with that, they could lose some of their credibility,” Avlon said. “This is not as polarizing a pick. And I think pretending it is on the Democratic side could backfire politically.”

Toobin immediately took issue with Avlon’s comments and said gay marriage and abortion could be severely limited.

“I don’t see that at all. I think if you look at the issues on which the Democrats want to make this fight, should Roe v. Wade be overturned, should the courts overturn what’s left of Obamacare? Should gay people be allowed to be excluded from restaurants and bakeries because they are gay,” Toobin said.

Avlon then cut Toobin off and asked him for proof that Kavanaugh is a right-wing radical.

“How did he get on The Federalist Society list,” Toobin replied. “The pre-screening of The Federalist Society? Why did Donald Trump say in the campaign I will appoint pro-life justices to the Supreme Court who will overturn Roe v. Wade? Why did he say that? Because he meant it.”

“The idea that he is closer to [Justice] Kennedy than to Clarence Thomas I think is completely wrong,” he added.

Gregory jumped in to agree with Avlon and said it’s ridiculous to call Kavanaugh radical.

“I think it’s really important that we point out that any Republican would have made this selection,” Gregory declared. “It’s a total red herring that people talk about it being outsourced to The Federalist Society and President Trump had this list during the campaign. That’s all fine. I mean, any Republican would have worked off of this template of judges.”

“The reality is that elections have consequences,” Gregory concluded. “These are the consequences for Democrats. There’s a Republican president.”

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