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.