CNN senior legal analyst Jeffrey Toobin says he's pretty certain the U.S. Supreme Court will strike down the Defense of Marriage Act (DOMA) and disagrees on calling the Obama administration incremental on the issue of gay marriage.

Appearing on NPR's Fresh Air, Toobin told host Terry Gross that he believes the administration, led by President Barack Obama, is advocating for “a full-scale change in all 50 states about same-sex marriage.”

“[T]he Obama administration has changed so dramatically over the course of its, you know, four and a half years in office about same-sex marriage, led by the president, that I don't actually think the Obama administration is all that incremental,” Toobin said. “They are basically advocating a full-scale change in all 50 states about same-sex marriage. The solicitor general, Donald Verrilli, has filed a brief saying that the Defense of Marriage Act is unconstitutional, that that law, which forbids the federal government from recognizing same-sex marriages, even in states where it's legal, he's saying that's just purely a form of discrimination that the Constitution cannot justify. But I think even more remarkable is the brief that the government filed in the Proposition 8 case, where it said, it only addressed California's law, Proposition 8. But it made very clear that the United States government – at least this solicitor general, this United States government – believes that gay people cannot be denied the right to get married. And even though they only address the California law, it's inconceivable to me that it doesn't apply in all 50 states. So I think the Obama administration is likely to be ahead of even the liberals on the Supreme Court.”

Toobin predicted that the court would strike down DOMA with a solid majority. But he was less certain about Proposition 8.

“[T]he Proposition 8 case is much more of a Rubik's cube of possibilities, where they could just limit the decision to California. There are various procedural issues in the case that could allow them to sort of duck the hard issues. I'm a lot less confident even in my dismal record of predictions in the Proposition 8 case.”