CNN legal analyst Jeffrey Toobin commended Democrats for "making noise" Tuesday at the confirmation hearing for Supreme Court nominee Brett Kavanaugh, but he later admitted it’s likely in vain.
Democrats wasted only six seconds of Kavanaugh’s hearing before interrupting repeatedly, largely focusing on procedural matters regarding documents from the George W. Bush White House. Toobin congratulated them on their toughness before saying it probably won’t stop his confirmation by the Republican majority in the Senate.
"The Democrats woke up," Toobin said. "The Democrats showed up and they fought back."
His enthusiasm quickly waned, however, regarding the prospects of stopping President Donald Trump's pick from being confirmed and joining the Court.
"I mean, you know, the key issue here is they don't have the votes," he said. "They can make noise, and they had some very good arguments."
"What will it add up to?" he asked. "I don't know, probably not much."
Later in the panel discussion, former Obama administration communications director Jen Psaki said she agreed with Toobin’s point and argued Democrats would rally their base by resisting Kavanaugh with such fervor.
"Elections do have consequences, I think that is one of the points that they are making," she said. "Look, they know—every single Democrat that spoke today knows they don’t have the votes."
Psaki affirmed Toobin and said the Democratic base might be pleased with seeing Democrats opposing Kavanaugh with some "pep in their step."
"I agree with Jeffrey, thank goodness Democrats woke up," Psaki said. "I think many Democrats across the country were happy to see them with a little more pep in their step today at the hearing."
Toobin has sounded the alarm over Kavanaugh’s nomination since before Trump even selected him. Former Justice Anthony Kennedy’s retirement prompted Toobin to lament that Roe v. Wade, the ruling that found a constitutional right to abortion, is "doomed."