02:18 - Source: CNN
Scaramucci: Roe v. Wade won't be overturned
Washington CNN  — 

Former White House Communications Director Anthony Scaramucci said he doesn’t think Roe v. Wade will be overturned in the courts.

“I think the court recognizes that there are certain fundamental principles that are in place and certain presidential precedent-setting principles in place,” Scaramucci said in an interview Tuesday morning with CNN’s Alisyn Camerota on “New Day.”

“So the court is a flexible. It’s got a lot of neuroplasticity on that court. I do not see Roe v. Wade being overturned. I know there are conservatives out there that want it to be overturned but I just don’t see it happening.”

His comments come as President Donald Trump is set to announce his Supreme Court nominee on Monday. Should the President choose a conservative-leaning judge as expected, Roe v. Wade, the landmark 1973 case that upheld a woman’s right to have an abortion, could be in jeopardy. After he was elected President, Trump said he would appoint judges who want to change the ruling and left open the possibility that it could be overturned.

Scaramucci, however, said the Supreme Court candidates on a list compiled by the Federalist Society, a nationwide organization of conservative lawyers, will respect precedent, calling Roe “sedimentary law.”

“Thirty-five years ago, when I was in law school, the same argument came up during the Reagan administration. It didn’t happen then and I predict it won’t happen now,” said Scaramucci, who noted that he is pro-abortion rights.

CNN Chief Legal Analyst Jeffrey Toobin, however, disagreed with Scaramucci.

“If you look at those four names that are the finalists, all of them will overturn Roe v. Wade,” he said on “New Day.”

“But now it’s in their interest to sort of muddy the waters and say, ‘Well, you know, they respect precedent,’” Toobin said. “No. They don’t respect that precedent. Roe v. Wade is going to be overturned by one of those four people, along with four other justices on the court.”