Does TV make smart people dumber? Jeffrey Toobin, this is your life.
Toobin, the engaging legal writer for The New Yorker, moonlights as a “senior legal analyst” at CNN, which often means he’s a regular among talking-head instant-analysts. He’s thoughtful, within the sound-bite constraints of the art form.
So what happens when Toobin grabs a bigger bloc of time? The answer: one part magic, one part clip job, and a tragically missed opportunity.
Toobin had an hour on CNN Saturday night as part of the network’s “Broken Government” series. Toobin tackled judicial independence controversies: backlash against unpopular decisions, and the old “judicial activism” debate. Toobin’s take was thorough, if a bit of a rehash. He told the story through three obvious windows: Terri Schiavo’s right-to-die case; school integration and busing in Louisville; and the Kelo v. New London eminent domain case. Remarkably, he got Supreme Court Justice Stephen Breyer and former Justice Sandra Day O’Connor on camera, chatting fairly candidly -- a great chance for more Americans to hear and see their government at work. Toobin’s other on-camera experts were in the same league: Ted Olson, Ken Starr, Kathleen Sullivan, legal heavy-hitters all.
But here’s the thing: In all this exploration of such incendiary cases with such key thinkers (including Toobin), not one mention of why judges decided the cases as they did. Sure, once or twice we heard about the proper role of judges (to interpret the law, not legislate their policy preferences). But what were the legal bases — the constitutional or statutory interpretations — that led judges to decide as they did, right or wrong? Zip. Nada.
Is it any wonder that the public, unschooled in the law, assumes that judges simply dictate policy on a whim? Toobin squandered a great and rare resource by dumbing the substance down so far that it missed the point entirely.
Other than that, it was pretty good TV!