New Marquette Law School national survey finds U.S. Supreme Court job approval by public continues in low 40s

Nov. 15, 2023


Please note: Complete Poll results and methodology information can be found online at law.marquette.edu/poll

MILWAUKEE – A new Marquette Law School Poll national survey finds that 41% of adults approve of the job the U.S. Supreme Court is doing, while 59% disapprove. In September, 43% approved and 57% disapproved. Approval of the Court has remained below 50% since March 2022, when it stood at 54%. While approval is up from the low point of 38% in July 2022, it has fluctuated in the low 40s percent range since then. The poll was completed before the Court released a Code of Conduct for Justices of the Supreme Court of the United States on November 13, 2023.

The trend in approval since 2020 is shown in Figure 1 and Table 1. (All results in the tables are stated as percentages; the precise wording of the questions can be found in the online link noted above.)

Graph showing the the trend of U.S. Supreme Court approval

Figure 1: Supreme Court job approval

Table 1: Supreme Court job approval

Among adults

Poll dates

Approval

Approve

Disapprove

11/2-7/23

41

59

9/18-25/23

43

57

7/7-12/23

45

55

5/8-18/23

41

59

3/13-22/23

44

56

1/9-20/23

47

53

11/15-22/22

44

56

9/7-14/22

40

60

7/5-12/22

38

61

5/9-19/22

44

55

3/14-24/22

54

45

1/10-21/22

52

46

11/1-10/21

54

46

9/7-16/21

49

50

7/16-26/21

60

39

9/8-15/20

66

33

Marquette Law School Poll, national surveys

Question: Overall, how much do you approve or disapprove of the way the U.S. Supreme Court is handling its job?

The latest Marquette Law School Poll’s national Supreme Court survey was conducted Nov. 2-7, 2023. The survey interviewed 1,010 adults nationwide and has a margin of error of +/-4.2 percentage points.

Partisan and ideological views of the Court

Approval among Republicans of the Court’s job performance declined to 62% in November, down from 66% in September. Approval among independents also declined, standing at 23% and down from 33%, while among Democrats approval rose to 27% from 24% two months earlier. Approval by party identification of the Court’s job performance is shown in Table 2 for September and November. (Throughout this report, party identification includes independents who say they are closer to a party while “independents” separately listed here are those who say they are not closer to either party.)

Table 2: Approval of the Supreme Court’s job performance, by party identification, September and November 2023

Among adults

Party ID

Approval

Approve

Disapprove

Nov. 2023

Total

41

59

Republican

62

38

Independent

23

77

Democrat

27

73

Sept. 2023

Total

43

57

Republican

66

34

Independent

33

67

Democrat

24

76

Marquette Law School Poll, national surveys, Sept. 18-25, 2023 & Nov. 2-7, 2023

Question: Overall, how much do you approve or disapprove of the way the U.S. Supreme Court is handling its job?

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

Political ideology also structures opinion of the Court, at least as strongly as does partisanship. Table 3 shows approval in September and November by ideology.

Table 3: Approval of the Supreme Court’s job performance, by political ideology, September and November 2023

Among adults

Ideology

Approval

Approve

Disapprove

Nov. 2023

Total

41

59

Conservative

65

35

Moderate

39

61

Liberal

13

87

Sept. 2023

Total

43

57

Conservative

70

30

Moderate

37

63

Liberal

15

85

Marquette Law School Poll, national surveys, Sept. 18-25, 2023 & Nov. 2-7, 2023

Question: Overall, how much do you approve or disapprove of the way the U.S. Supreme Court is handling its job?

Question: Generally speaking, how would you describe your political views?

 

Abortion and gun rights

In June 2022, the Supreme Court issued the Dobbs v. Jackson Women’s Health Organization decision, which overturned the 1973 Roe v. Wade ruling that had made abortion legal in all 50 states. The Court also ruled in 2022, in New York State Rifle & Pistol Association Inc. v. Bruen, that the Second Amendment protects an individual’s right to carry a handgun for self-defense outside the home. A substantial majority, 65%, say they oppose the Dobbs decision striking down Roe, with 35% favoring the decision. On the Bruen case, 67% favor the decision, while 33% are opposed to the ruling.

Table 4 shows the trend in opinion about the Dobbs decision. There has been very little change over the past year, with close to two-thirds opposed to the decision and about one-third in favor.

Table 4: Favor or oppose Dobbs decision striking down Roe v. Wade

Among adults

Poll dates

Favor or oppose Dobbs

Favor

Oppose

11/2-7/23

35

65

9/18-25/23

36

64

7/7-12/23

38

62

5/8-18/23

35

65

3/13-22/23

33

67

1/9-20/23

35

64

11/15-22/22

33

66

Marquette Law School Poll, national surveys

Question: In 2022, the Supreme Court overturned Roe versus Wade, thus striking down the 1973 decision that made abortion legal in all 50 states. How much do you favor or oppose this decision?

Those who agree with the Court’s rulings are more approving of the Court’s job performance than those who oppose the Court’s decisions. Table 5 shows how agreement or disagreement with Dobbs is related to approval within each partisan category, which makes an impact on approval of the Court apart from the role of partisanship alone. Republicans who oppose the Dobbs decision are considerably less approving of the Court than are their fellow partisans who favor the Dobbs decision. Similarly, independents who agree with the Court’s decision are more approving of the Court than those who oppose the decision, though both of these groups strongly disapprove of the Court’s job performance. Among Democrats, the small minority who favor the Dobbs decision are far more likely to approve of the Court than are Democrats opposed to the decision.

Table 5: Court approval by opinion of Dobbs, by party identification

Among adults

Opinion of Dobbs

Court approval

Approve

Disapprove

Republican

Favor

73

27

Oppose

47

53

Independent

Favor

33

67

Oppose

19

81

Democrat

Favor

60

40

Oppose

21

79

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: Overall, how much do you approve or disapprove of the way the U.S. Supreme Court is handling its job?

Question: In 2022, the Supreme Court overturned Roe versus Wade, thus striking down the 1973 decision that made abortion legal in all 50 states. How much do you favor or oppose this decision?

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

Support for the ruling in Bruen has been similarly stable when asked in September and November, with just under two-thirds in favor of the ruling and one-third opposed, as shown in Table 6. (A differently worded question asked in 2022 found similar support for the decision among those who had heard of the ruling.)

Table 6: Favor or oppose Bruen decision on right to bear a gun outside the home

Among adults

Poll dates

Favor or oppose Bruen

Favor

Oppose

11/2-7/23

67

33

9/18-25/23

64

36

Marquette Law School Poll, national surveys

Question: In 2022, the Supreme Court ruled that, subject to some restrictions, the Second Amendment protects an individual’s right to carry a handgun for self-defense outside the home. How much do you favor or oppose this decision?

As with Dobbs, those who agree with the decision in Bruen are more likely to approve of the Court’s job performance than are those who are opposed to the decision. This holds within each party as shown in Table 7.

Table 7: Court job performance approval by opinion of Bruen, by party identification

Among adults

Opinion of Bruen

Court approval

Approve

Disapprove

Republican

Favor

66

34

Oppose

32

68

Independent

Favor

29

71

Oppose

11

89

Democrat

Favor

35

65

Oppose

19

81

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: Overall, how much do you approve or disapprove of the way the U.S. Supreme Court is handling its job?

Question: In 2022, the Supreme Court ruled that, subject to some restrictions, the Second Amendment protects an individual’s right to carry a handgun for self-defense outside the home. How much do you favor or oppose this decision?

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

Attention to news about the Court

As the Court began its annual term only last month, public attention to news about the Court is rather limited, as shown in Table 8. Only 15% say they have heard a lot about the Court in the last month, while 60% have heard a little and 25% have heard nothing at all. Those levels of attention are little changed since September.

Table 8: How much heard or read about U.S. Supreme Court in last month

Among adults

Poll dates

Amout heard or read

A lot

A little

Nothing at all

11/2-7/23

15

60

25

9/18-25/23

17

61

22

Marquette Law School Poll, national surveys

Question: Thinking about the last month only, how much have you heard or read about the U.S. Supreme Court?

Table 9 shows that Democrats are almost twice as likely as Republicans to say they’ve heard or read a lot about the Court in the past month. Independents pay an even lower amount of attention than Republicans, with almost half saying they’ve heard nothing at all about the Court in the past month.

Table 9: Amount heard about Supreme Court by party identification, Nov. 2023

Among adults

Party ID

Amount heard or read

A lot

A little

Nothing at all

Total

15

60

25

Republican

12

66

22

Independent

4

50

46

Democrat

21

58

20

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: Thinking about the last month only, how much have you heard or read about the U.S. Supreme Court?

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

Recent news concerning the justices’ financial disclosures and related matters have raised attention to the ethical standards of the Court. Table 10 shows the trend since May in perception of the justices’ ethical standards.

Table 10: Honesty and ethical standards of U.S. Supreme Court justices

Among adults

Poll dates

Perceived honesty and ethical standards

Very high/high

Average

Low/Very low

11/2-7/23

28

39

34

9/18-25/23

30

41

29

7/7-12/23

32

33

35

5/8-18/23

26

39

35

Marquette Law School Poll, national surveys

Question: U.S. Supreme Court justices: Please tell me how you would rate the honesty and ethical standards of people in these different fields?

There are sharp partisan differences in perceptions of the Court’s ethical standards, as shown in Table 11. Republicans are nearly twice as likely as Democrats to say that the Court has high or very high ethical standards. Notably it is independents who are most likely to say the Court has low or very low standards.

Table 11: Honesty and ethical standards of U.S. Supreme Court justices, by party identification

Among adults

Party ID

Ethical standards

Very high/high

Average

Low/Very low

Total

28

39

34

Republican

39

40

21

Independent

17

38

46

Democrat

20

38

42

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: How would you rate the honesty and ethical standards of U.S. Supreme Court justices?

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

 

While Democrats pay more attention to the Court than do Republicans or independents, those Republicans and independents who pay more attention rate the Court’s ethical standards higher than do their co-partisans who pay less attention. In contrast, Democrats who are most attentive are more likely to rate the Court’s ethical standards low or very low compared to those who pay less attention. Table 12 shows how views of ethical standards vary with attention to the Court by party.

Table 12: Court ethics by attention to Court news and by party identification

Among adults

Court attention

Ethical standards

Very high/high

Average

Low/Very low

Republican

A lot

44

38

18

A little

40

41

18

Nothing at all

32

36

32

Independent

A lot

27

25

48

A little

21

47

32

Nothing at all

12

28

60

Democrat

A lot

24

30

46

A little

19

40

42

Nothing at all

22

40

38

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: How would you rate the honesty and ethical standards of U.S. Supreme Court justices?

Question: Thinking about the last month only, how much have you heard or read about the U.S. Supreme Court?

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

Awareness of the makeup of the Court, in terms of which party’s presidents have appointed a majority of justices, is little changed since September, with 30% saying Republican presidents definitely had appointed a majority of justices, 43% saying Republican presidents had probably done so, and 26% believing a majority had definitely or probably been appointed by Democrats. The full trend is shown in Table 13. The percentage correctly saying Republican presidents definitely appointed a majority has fluctuated modestly after a small rise following the appointment of Justice Amy Coney Barrett in the fall of 2020, which created a 6-3 majority of justices appointed by Republican presidents.

Table 13: Majority of Court appointed by which party's presidents

Among adults

Poll dates

Majority appointed by

Definitely/Probably Dem majority

Probably Rep majority

Definitely Rep majority

11/2-7/23

26

43

30

9/18-25/23

26

42

32

7/7-12/23

22

42

36

5/8-18/23

29

41

30

3/13-22/23

27

41

31

1/9-20/23

23

41

36

11/15-22/22

24

40

35

9/7-14/22

22

40

37

7/5-12/22

20

40

40

5/9-19/22

31

39

31

3/14-24/22

28

47

24

1/10-21/22

23

44

33

11/1-10/21

28

44

28

9/7-16/21

25

46

29

7/16-26/21

24

45

30

9/8-15/20

28

51

21

9/3-13/19

27

53

19

Marquette Law School Poll, national surveys

Question: What is your guess as to whether a majority of the current U.S. Supreme Court justices were appointed by Democratic or Republican presidents?

Republicans and independents are more likely to say that Democrats have appointed a majority on the Court, while Democrats are the most likely to say there is definitely a Republican-appointed majority on the Court, as shown in Table 14.

Table 14: Majority of U.S. Supreme Court justices appointed by which party, by party identification

Among adults

Party ID

Majority appointed by which party

Definitely/Probably Dem majority

Probably Rep majority

Definitely Rep majority

Total

26

43

30

Republican

32

39

29

Independent

37

45

18

Democrat

17

47

35

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: What is your guess as to whether a majority of the current U.S. Supreme Court justices were appointed by Democratic or Republican presidents?

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

 

Confidence in institutions

Confidence in several institutions is summarized in Table 15. Juries in criminal cases draw the highest public confidence of the six institutions surveyed and the lowest percentage of respondents saying they have little or no confidence. “Your state Supreme court” has the next highest confidence ratings. The U.S. Supreme Court and U.S. Department of Justice have very similar ratings, followed by the presidency and Congress.

Table 15: Confidence in institutions

Among adults

Institution

Confidence

Great deal/a lot

Some

Little/None

Juries that decide criminal cases

36

42

22

Your state Supreme court

30

40

30

U.S. Supreme Court

28

36

36

The U.S. Department of Justice

27

38

35

The presidency

26

32

42

Congress

10

37

53

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: Here is a list of institutions in American society. How much confidence do you have in each one?

Confidence in the Court as an institution remained stable from September to November, with 28% expressing a great deal or a lot of confidence, 36% some confidence, and 36% saying they have little or no confidence in the Court. The full trend is shown in Table 16.

Table 16: Confidence in the U.S. Supreme Court

Among adults

Poll dates

Confidence

Great deal/a lot

Some

Little/None

11/2-7/23

28

36

36

9/18-25/23

28

37

35

7/7-12/23

31

32

37

5/8-18/23

25

36

39

3/13-22/23

28

40

32

1/9-20/23

31

38

31

11/15-22/22

30

36

34

9/7-14/22

30

34

36

7/5-12/22

28

28

44

9/8-15/20

39

45

16

9/3-13/19

37

42

20

Marquette Law School Poll, national surveys

Question: Here is a list of institutions in American society. How much confidence do you have in each one? … The U.S. Supreme Court

As with approval of job performance, Republicans have more confidence in the Supreme Court than do Democrats, while independents are especially low in confidence, as shown in Table 17.

Table 17: Confidence in the U.S. Supreme Court, by party identification

Among adults

Party ID

Confidence

Great deal/a lot

Some

Little/None

Total

28

36

36

Republican

37

38

25

Independent

17

35

49

Democrat

23

34

44

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: Here is a list of institutions in American society. How much confidence do you have in each one? ... The U.S. Supreme Court

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

A general lack of trust in the federal government contributes to low confidence in the Court specifically. Table 18 shows how confidence in the Court declines as trust declines.

Table 18: Confidence in the U.S. Supreme Court by general trust in federal government

Among adults

Trust in government

Confidence

Great deal/a lot

Some

Little/None

Total

28

36

36

Always/Most of the time

47

34

20

Only some of the time

26

41

34

Never

17

21

63

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: Here is a list of institutions in American society. How much confidence do you have in each one? ... The U.S. Supreme Court

Question: How much of the time do you think you can trust the government in Washington to do what is right?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

Trust in government has strong effects within each party, as shown in Table 19. Confidence in the court declines as trust declines among Republicans, independents, and Democrats alike. Republicans have more confidence in the Court than do Democrats with the same levels of trust in government, with independents falling in between the partisans at each level of trust. This table combines the Marquette Law School Poll’s national surveys from July, September, and November in order to provide enough cases in each of the subgroups for analysis.

Table 19: Confidence in the U.S. Supreme Court by trust in government and by party identification

Among adults, combined July, September, and November Marquette national polls

Trust in government

Confidence

Great deal/a lot

Some

Little/None

Republican

Always/Most of the time

57

32

12

Only some of the time

46

39

15

Never

29

33

37

Independent

Always/Most of the time

47

41

12

Only some of the time

15

47

38

Never

8

14

79

Democrat

Always/Most of the time

36

31

34

Only some of the time

14

35

51

Never

5

15

80

Marquette Law School Poll, national surveys, July, September and November 20233

Question: Here is a list of institutions in American society. How much confidence do you have in each one? ... The U.S. Supreme Court

Question: How much of the time do you think you can trust the government in Washington to do what is right?

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

While confidence in juries that decide criminal cases has the highest level of the six institutions rated in this survey, the levels of confidence decreased slightly from September when 40% had a great deal or a lot of confidence, 41% some confidence, and 19% had little or no confidence.

Confidence in juries declined among Republicans and independents from September to November, while it held steady among Democrats, as shown in Table 20.

Table 20: Confidence in juries in criminal cases, by party identification

Among adults

Party ID

Confidence

Great deal/a lot

Some

Little/None

Republican

11/2-7/23

28

46

26

9/18-25/23

37

44

19

Independent

11/2-7/23

27

39

34

9/18-25/23

30

47

23

Democrat

11/2-7/23

46

39

15

9/18-25/23

46

36

18

Marquette Law School Poll, national surveys, Sept. 18-25, 2023 & Nov. 2-7, 2023

Question: Here is a list of institutions in American society. How much confidence do you have in each one? ... Juries that decide guilt or innocence in criminal cases

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

The Department of Justice (DOJ) has become the subject of partisan debate over its handling of a number of prosecutions and investigations in recent years. Overall, 27% say they have a great deal or a lot of confidence in the DOJ, while 38% say they have some confidence and a substantial 35% say they have little or no confidence. In September, 30% had a great deal or a lot of confidence in the DOJ, 35% had some, and 35% had little or no confidence.

Partisan differences and the trends since July are shown in Table 21. Republicans and independents have substantially less confidence in the DOJ than do Democrats.

Table 21: Confidence in U.S. Department of Justice, by party identification

Among adults

Party ID

Confidence

Great deal/a lot

Some

Little/None

Republican

11/2-7/23

14

38

47

9/18-25/23

17

33

51

7/7-12/23

13

28

58

Independent

11/2-7/23

14

37

50

9/18-25/23

19

52

29

7/7-12/23

18

33

49

Democrat

11/2-7/23

43

38

19

9/18-25/23

45

32

23

7/7-12/23

40

41

20

Marquette Law School Poll, national surveys, July, September, November 2023

Question: Here is a list of institutions in American society. How much confidence do you have in each one? ... The U.S. Department of Justice

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

In November, 30% said they had a great deal or a lot of confidence in their state Supreme Court, 40% had some confidence, and 30% had little or no confidence. State courts draw modestly greater confidence from the survey respondents than does the U.S. Supreme Court.

Unlike the U.S. Supreme Court, there is little partisan divide in confidence in state Supreme Courts in the aggregate. Republicans and Democrats have very similar levels of confidence in their state Supreme Courts, though independents are much less confident than either partisan group, as shown in Table 22.

Table 22: Confidence in state Supreme Court, by party identification

Among adults

Party ID

Confidence

Great deal/a lot

Some

Little/None

Total

30

40

30

Republican

31

41

27

Independent

12

38

50

Democrat

34

40

26

Marquette Law School Poll, national surveys, Nov. 2-7, 2023

Question: Here is a list of institutions in American society. How much confidence do you have in each one? … Your state Supreme Court or highest court in your state

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

 

Perceived ideology of the U.S. Supreme Court

Public perception of the ideology of the U.S. Supreme Court has shifted in a conservative direction since 2019, as shown in Table 23. In September 2019, 38% of the public saw the Court as very or somewhat conservative. In the current poll, 56% see the Court that way. Over this same period, the percent saying the Court is moderate has declined from 50% to 32%. Few people—12%—see the Court as liberal or very liberal.

Table 23: Perceived ideology of the U.S. Supreme Court

Among adults

Poll dates

Perceived ideology

Very conservative

Somewhat conservative

Moderate

Somewhat liberal

Very liberal

11/2-7/23

21

35

32

7

5

9/18-25/23

20

37

32

7

3

7/7-12/23

27

35

28

7

3

5/8-18/23

24

33

30

10

3

3/13-22/23

23

35

34

6

2

1/9-20/23

22

37

31

8

2

11/15-22/22

25

36

32

6

2

9/7-14/22

29

35

27

5

3

7/5-12/22

34

33

21

7

3

5/9-19/22

23

33

34

8

2

3/14-24/22

15

37

36

10

2

1/10-21/22

17

38

35

8

2

11/1-10/21

15

35

39

8

1

9/7-16/21

16

35

40

7

2

7/16-26/21

13

37

42

6

1

9/8-15/20

5

30

54

9

2

9/3-13/19

5

33

50

9

3

Marquette Law School Poll, national surveys

Question: In general, would you describe each of the following as…?... The U.S. Supreme Court.

Since 2019, there has been an increase in the percentage of the public who think the justices’ decisions are motivated by politics, rising from 35% in 2019 to 55% in the current poll. There has been a sharp increase beginning in January 2022 when there was a 17-percentage-point jump from the survey prior. The full trend is shown in Table 24.

Table 24: Are justices' decisions motivated mainly by the law or mainly by politics

Among adults

Poll dates

Perceived motivation

Mainly politics

Mainly the law

11/2-7/23

55

45

9/18-25/23

52

48

7/7-12/23

58

42

1/9-20/23

49

51

7/5-12/22

52

48

1/10-21/22

47

53

11/1-10/21

30

70

9/7-16/21

39

61

7/16-26/21

29

71

9/8-15/20

37

62

9/3-13/19

35

64

Marquette Law School Poll, national surveys

Question: In general, what most often motivates Supreme Court justices’ decisions?

Ideological views also structure reaction to individual decisions of the Court. Some decisions are more popular with all respondents, and some less popular, but reaction follows ideological lines for each of five major decisions of recent years.

Table 25 shows overall reaction to each decision. Four of the five decisions have a majority in favor while the decision overturning Roe v. Wade has a majority opposed.

Table 25: Favor or oppose recent major Court decisions

Among adults

Decision

Favor or oppose

Favor

Oppose

Same-sex marriage

65

35

LGBT anti-discrimination protection

82

18

Overturn Roe v. Wade

35

65

Guns outside home

67

33

Ban use of race in college admissions

79

21

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: In 2015, the Supreme Court ruled that the Constitution guarantees a right to same-sex marriage. How much do you favor or oppose this decision?

Question: In 2020, the Supreme Court ruled that a federal civil rights law protects gay and transgender workers from workplace discrimination. How much do you favor or oppose this decision?

Question: In 2022, the Supreme Court overturned Roe v. Wade, thus striking down the 1973 decision that made abortion legal in all 50 states. How much do you favor or oppose this decision?

Question: In 2022, the Supreme Court ruled that, subject to some restrictions, the Second Amendment protects an individual’s right to carry a handgun for self-defense outside the home. How much do you favor or oppose this decision?

Question: In 2023, the Supreme Court ruled that colleges cannot use race as a factor in deciding which applicants to admit. How much do you favor or oppose this decision?

Table 26 shows the percentage favoring each of those decisions by respondent ideology. Liberals are more in favor of two conventionally liberal decisions, on same-sex marriage and anti-discrimination protection for LGBT workers, while conservatives are less so. Conservatives are more in favor for conventionally conservative decisions on abortion, guns outside the home, and banning the use of race in college admissions, while liberals are less so.

Table 26: Favor recent Court decisions, by ideology

Adults

Ideology

Percentage favoring decision

Same-sex marriage

LGBT anti-discrimination protection

Overturn Roe v. Wade

Guns outside home

Ban use of race in admissions

Conservative

43

72

64

87

93

Moderate

68

85

24

67

82

Liberal

89

90

10

42

58

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: Generally speaking, how would you describe your political views?

Like ideology, partisanship structures reaction to decisions, as shown in Table 27.

Table 27: Favor recent Court decisions, by party identification

Adults

Party ID

Percentage favoring decision

Same-sex marriage

LGBT anti-discrimination protection

Overturn Roe v. Wade

Guns outside home

Ban use of race in admissions

Republican

49

72

57

88

92

Independent

64

75

25

65

79

Democrat

82

94

15

48

67

Marquette Law School Poll, national survey, Nov. 2-7, 2023

Question: Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?

Question: If independent: Do you think of yourself as closer to the Republican Party or to the Democratic Party?

About the Marquette Law School Poll

The survey was conducted Nov. 2-7, 2023, interviewing 1,010 adults nationwide, with a margin of error of +/-4.2 percentage points. Interviews were conducted using the SSRS Opinion Panel, a national probability sample with interviews conducted online. The detailed methodology statement, survey instrument, topline results, and crosstabs for this release are available at the Marquette Law School Poll website. Some items from this survey are held for later release.

Wording of questions about past Supreme Court decisions: These items do not attempt to exactly frame the particular issues in specific cases but rather address the topic in more general terms.

The wording of questions about previous decisions include:

Opinion of same-sex marriage decision:

  • In 2015, the Supreme Court ruled that the Constitution guarantees a right to same-sex marriage. How much do you favor or oppose this decision?

Opinion of decision on anti-discrimination law protecting gay and transgender employees

  • In 2020, the Supreme Court ruled that a federal civil rights law protects gay and transgender workers from workplace discrimination. How much do you favor or oppose this decision?

Opinion of Dobbs decision, striking down Roe v. Wade

  • In 2022, the Supreme Court overturned Roe v. Wade, thus striking down the 1973 decision that made abortion legal in all 50 states. How much do you favor or oppose this decision?

Opinion of decision concerning possession of guns outside the home

  • In 2022, the Supreme Court ruled that, subject to some restrictions, the Second Amendment protects an individual’s right to carry a handgun for self-defense outside the home. How much do you favor or oppose this decision?

Opinion of decision banning use of race in college admissions

In 2023, the Supreme Court ruled that colleges cannot use race as a factor in deciding which applicants to admit. How much do you favor or oppose this decision?


About Kevin Conway

Kevin Conway

Kevin is the associate director for university communication in the Office of University Relations. Contact Kevin at (414) 288-4745 or kevin.m.conway@marquette.edu