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‘He’s Not Really a Moderate’: CNN Legal Analyst Destroys the Myth of the ‘Centrist’ Justice Kennedy

As Justice Anthony Kenndy prepares for his retirement from the Supreme Court, liberals across the country are bracing themselves for President Donald Trump to nominate a deeply conservative judge to his seat.


But as CNN legal analyst Jeffrey Toobin argued Wednesday, many have exaggerated Kennedy's position as the swing vote on the court. While he had his idiosyncrasies, he's much less of a moderate and closer to a full-throated conservative than many assume.

"There is sort of this mythology that has arisen around Justice Kennedy that he is a moderate," Toobin said. "He is not really a moderate. I mean, he has been a conservative in almost every area. Remember, he was one of the votes in Bush v. Gore that made George Bush president. He is the author of Citizens United, which is basically opened the door to deregulating all of American politics."

There are, of course, a few exceptions to this conservative streak.

"It is true he has been a stalwart defender of gay rights. he has voted in favor of Roe v. Wade. He has defended affirmative action for African-Americans in certain circumstances. But if you take those three areas away, and to a certain extent the death penalty, he is a conservative justice," Toobin said.

He continued: "And I think he saw that elections have consequences. Donald Trump will be president for quite a while longer. It was time to go."

Watch the clip below:

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