CNN legal analyst Jeffrey Toobin addressed a large crowd in Hodson Hall's auditorium as part of Thursday's Constitution Day Forum, giving a speech titled "The Election and the Supreme Court."
Toobin's primary topic was his belief that the Supreme Court is currently at a potential turning point in its history.
He kept the audience entertained from the get-go, presenting a humorous anecdote about life on the Supreme Court, which for the justices involves a duality of "public and private roles in the world."
"For reasons that remain obscure, including to me, [Supreme Court Justices] Stephen Breyer and David Souter are frequently mistaken for each other," he said. "Now they don't look particularly alike, but it just happens to both of them all the time."
As Justice Souter was driving from Washington to his home in New Hampshire, he stopped to get something to eat in a restaurant in Massachusetts.
While there, he was approached by a couple, who had mistaken him for Stephen Breyer. Not wishing to embarrass them, he went along with it. Finally, they asked Justice "Breyer" his favorite aspect of life on the Court.
"[Souter] paused for a minute and he said: 'I'd have to say it's the privilege of serving with David Souter,'" Toobin said.
Toobin emphasized the importance of this year's fall presidential election in determining the composition of the Supreme Court.
"If John McCain wins this election, we are likely to... have the mirror image of the Supreme Court in the '60s - not seven liberals, but seven conservatives," he said. "Frankly, if in this environment a Democrat can't win an election in the United States in 2008, well, you know what? There should be a Republican Supreme Court. Because that's how the system is set up - the president gets to pick. And if we have nothing but Republican presidents, well, then there should be a Republican Supreme Court."
During the Q&A period, he was asked why Supreme Court selections (a number of which are likely to be made by the candidate elected in November) have not been widely addressed by either campaign.
"Polling data shows that there is a group of people who care deeply about the Supreme Court as a voting issue," he said. "[They] tend to be the people who really want to see Roe v. Wade upheld, and the people who really want to see Roe v. Wade overturned. They are the people who are going to vote that way anyway. The swing voters - the people at whom the campaigns are pitched - don't really care much about the Supreme Court. So the campaigns decide that it is not worth the risk of alienating people by focusing on the issue ... I wish the candidates talked about it more."
He added: "Obama has said very little, which is particularly striking when you consider that he was a professor of constitutional law."
Another question inquired as to how much Toobin self-censors while appearing on CNN.
"I am not there to be from the left, or from the right," he said. "I'm an analyst, so I do feel like I am capable and allowed to and do give opinions about things."
Evidenced by the significant level of attendance, many members of the Hopkins community were interested in the topic. But for those who didn't make it, Toobin explained why they should be.
"The Supreme Court has the last word on so many issues that are particularly important to young people," Toobin told the News-Letter following his speech. "Should states be allowed to ban abortion? Should colleges and universities be allowed to use race in admission? Should employers be allowed to use affirmative action? Questions [involving issues] of war and peace. What power does the president have to order American forces into battle? All of those are either going to be or already are before the Supreme Court, so I think the stakes for young people - and old people - are huge."
Four years ago, Congress passed a law establishing an annual "Constitution Day" and required schools receiving federal funds - like Hopkins - to celebrate it. While many institutions barely scrape by in conforming to the law, Hopkins has taken the responsibility seriously, with multiple events held each year.
On Sept. 17, Political Science Professor Joel Grossman gave a lecture on the selection of Supreme Court justices. The next day, he moderated Jeffrey Toobin's presentation and the Q&A period that followed. In the introduction to Toobin, Grossman outlined Hopkins' approach to Constitution Day.
"There are many ways to observe or to celebrate the 221st anniversary of the signing of the U.S. Constitution," Grossman said. "We have chosen to cerebrate it - that is to say, to explore its meaning and think critically about it, rather than merely to extol its virtues."
Jeffrey Toobin had kind words to say about the University.
"It's so great to be at Johns Hopkins," said Toobin, who also writes for The New Yorker. "It's such a great school, seriously. You're all so lucky to be here... it's a pleasure to visit."
