New Marquette Law School Poll national survey finds little change in partisan divisions and motivations about voting following Supreme Court abortion decision; those favoring Roe’s overturning are more motivated to vote in November

MILWAUKEE – A new Marquette Law School Poll national survey finds little evidence that partisan motivation to vote in the 2022 elections has been altered by the Supreme Court decision overturning Roe v. Wade, which had established a right to an abortion. There has been much speculation that this June decision, in Dobbs v. Jackson Women’s Health Organization, would change the November outlook.

Yet a comparison of the Marquette Law School Poll’s May and July national survey data finds few elements of change in motivation to vote or in vote choice, despite a substantial drop in public approval of the Court’s handling of its job and a majority of the public opposed to the Court’s decision in Dobbs.

Approval of the Supreme Court’s job performance fell to 38% in July, down from 44% in May and 54% in March. In July, 36% favored the decision to overturn Roe v. Wade and 64% opposed that decision, among those with an opinion. (Those particular and certain other data about public views of the Court from this July survey were released yesterday, July 20, and can be found on the Marquette Law School Poll website; this release provides further results of the same survey on national topics.)

However, whether measured by enthusiasm about voting in November or the certainty of voting, there has been only a slight overall change in motivation among registered voters, as shown in 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.)

Table 1: Enthusiasm about voting and certainty of voting, among registered voters, May-July 2022

(a) Enthusiasm about voting in November

Poll datesVery enthusiasticSomewhat enthusiasticNot too enthusiasticNot at all enthusiastic
5/9-19/224332196
7/5-12/224526227

(b) Certainty to vote in November

Poll datesAbsolutely certain to voteVery likely to voteChances are 50-50Don’t think will vote
5/9-19/226318162
7/5-12/226516127

The latest Marquette Law School Poll Supreme Court survey was conducted July 5-12, 2022, shortly after the last decisions of the October 2021 Supreme Court term were released. The survey interviewed 1,003 adults nationwide and has a margin of error of +/-4 percentage points. The sample includes 853 registered voters, with a margin of error of +/-4.3 percentage points.

The July results show that Republicans have slightly increased their advantage over Democrats in enthusiasm and projected turnout, compared to May, as shown in Table 2. In July, the percentage of Republicans very enthusiastic to vote rose 8 percentage points, while enthusiasm rose 3 percentage points among Democrats. Similarly, the percentage saying they are certain to vote in November rose 5 percentage points among Republicans but 2 percentage points among Democrats.

The enthusiasm gap between the parties is a substantial 18-percentage-point Republican advantage, while the certainty of voting shows a smaller 5-point Republican edge.

Table 2: Enthusiasm about voting and certainty of voting, by party identification, among registered voters, May-July 2022

(a) Enthusiasm about voting in November

Party IDPoll datesVery enthusiasticSomewhat enthusiasticNot too enthusiasticNot at all enthusiastic
Republican5/9-19/225531121
Republican7/5-12/226325102
Independent5/9-19/2234282612
Independent7/5-12/2233233311
Democrat5/9-19/224237192
Democrat7/5-12/224531177


(b) Certainty to vote in November

Party IDPoll datesAbsolutely certain to voteVery likely to voteChances are 50-50Don’t think will vote
Republican5/9-19/22721891
Republican7/5-12/22771193
Independent5/9-19/225120244
Independent7/5-12/2250211613
Democrat5/9-19/227015141
Democrat7/5-12/227214102

There is also little change in enthusiasm or certainty of voting based on whether the respondent favors or opposes the Supreme Court decision to overturn Roe v. Wade, as shown in Table 3. Among either those in favor or those opposed to overturning Roe, there was no change between May and July in the percentage who are very enthusiastic about voting. There were a very small increase in certainty of voting for those in favor of overturning Roe and a slight decline in certainty to vote for those opposed to overturning Roe.

Leaving aside the change: By either measure, enthusiasm or certainty of voting, those who favor the decision to overturn Roe are more motivated to vote in the fall elections.

Table 3: Enthusiasm about voting and certainty of voting, by favor or oppose overturning Roe v. Wade, among registered voters, May-July 2022

(a) Enthusiasm about voting in November

Overturn RoePoll datesVery enthusiasticSomewhat enthusiasticNot too enthusiasticNot at all enthusiastic
Favor overturn Roe5/9-19/226028102
Favor overturn Roe7/5-12/226019183
Oppose overturn Roe5/9-19/224032225
Oppose overturn Roe7/5-12/224028239

(b) Certainty to vote in November

Overturn RoePoll datesAbsolutely certain to voteVery likely to voteChances are 50-50Don’t think will vote
Favor overturn Roe5/9-19/227414110
Favor overturn Roe7/5-12/22761364
Oppose overturn Roe5/9-19/226620112
Oppose overturn Roe7/5-12/226316138

Those saying abortion is one of the most important issues increased by only 3 percentage points from May to July, as shown in Table 4.

Table 4: Importance of the abortion issue, among registered voters, May-July 2022

Poll datesOne of the most important issuesSomewhat importantNot very importantNot important at all
5/9-19/224139155
7/5-12/224438135

There were similarly small changes by partisanship, as shown in Table 5. Democrats are much more likely to rate abortion as one of the most important issues than are Republicans and independents, but there has been little change in opinion on importance of the issue since May.

Table 5: Importance of the abortion issue, by party identification, among registered voters, May-July 2022

Party IDPoll datesOne of the most important issuesSomewhat importantNot very importantNot important at all
Republican5/9-19/223540169
Republican7/5-12/223741176
Independent5/9-19/223839184
Independent7/5-12/224038165
Democrat5/9-19/22503992
Democrat7/5-12/22543583

A bare majority, statistically rounded to 50%, say they would vote for a candidate who favors keeping abortion legal, while 33% would vote for a candidate who favors strictly limiting abortion and 17% say the abortion issue would not matter to them. Table 6 shows little change in vote choice based on the abortion issue from May to July.

Table 6: Vote based on candidate abortion position, among registered voters, May-July 2022

Poll datesThe candidate who favors keeping abortion legalThe candidate who favors strictly limiting abortionThe abortion issue would not matter to me
5/9-19/22543214
7/5-12/22503317

Table 7 shows that vote preference has remained divided but stable, among partisan groups, while independents have become somewhat less supportive of candidates who support abortion rights, from May to July.

Table 7: Vote based on candidate abortion position, by party identification, among registered voters, May-July 2022

Party IDPoll datesThe candidate who favors keeping abortion legalThe candidate who favors strictly limiting abortionThe abortion issue would not matter to me
Republican5/9-19/22206119
Republican7/5-12/22186221
Independent5/9-19/22592615
Independent7/5-12/22443521
Democrat5/9-19/2283115
Democrat7/5-12/228488

Preferences on abortion policy

Asked their preference for policy on abortion, 28% say abortion should be legal in all cases, 36% say legal in most cases, 27% say it should be illegal in most cases, and 8% say illegal in all cases. Here and in subsequent tables, the results are for all adults, rather than for only registered voters as above in discussing motivation to vote and vote choice.

Those who say abortion should be legal in all cases or who say it should be illegal in all cases are the most likely to say it is one of the most important issues to them, while those saying legal in most or illegal in most cases are both half as likely (as the “all” groups) to say it is one of the most important issues. The relationship between policy preference and importance of the issue is shown in Table 8.

Table 8: Importance of abortion issue, by policy preference on abortion, among adults, July 2022

Policy on abortionOne of the most important issuesSomewhat importantNot very importantNot important at all
Legal in all cases633043
Legal in most cases3146175
Illegal in most cases3044187
Illegal in all cases642733

There has been little change in preference for abortion policy by party identification since Roe was overturned on June 24. Table 9 shows policy preference, by partisan groups, in May and July. A majority of Republicans say it should be illegal in all or most cases, while majorities of independents and Democrats say it should be legal in all or most cases, with an especially large majority among Democrats. Support for legal abortion declined by 10 percentage points among independents from May to July.

Table 9: Policy preference on abortion, by party identification, among adults, May-July 2022

Party IDPoll datesLegal in all casesLegal in most casesIllegal in most casesIllegal in all cases
Republican5/9-19/2212274615
Republican7/5-12/2211234718
Independent5/9-19/223042207
Independent7/5-12/222438307
Democrat5/9-19/22454294
Democrat7/5-12/22484471

Policy preferences are sensitive to the specific limitations proposed on abortion. Several state legislatures have enacted or debated laws that would ban abortions (with some exceptions) at various stages of pregnancy. The survey asked a series of questions about support for or opposition to bans along the lines of these state proposals. Each question included an exception for “medical emergencies.”

The question asked:

Here are some limits on when during pregnancy an abortion might be banned, except in cases of medical emergencies, that some states are considering. How much do you favor or oppose each of these proposals?

The results for the five alternative policies presented are shown in Table 10. There is majority opposition to a ban at all times (“any time during pregnancy” in table) or a ban after 6 weeks, and an even divide on a ban after 15 weeks. A majority favor a ban after six months, and a majority oppose abortions being legal at all times (“No restrictions at any point” in table). None of the differences between May and July are statistically significant.

Table 10: Favor or oppose abortion bans, by when ban would take effect, among adults, May-July 2022

Ban whenPoll datesFavorOppose
Ban at any time during pregnancy5/9-19/222772
Ban at any time during pregnancy7/5-12/223069
Ban after 6 weeks5/9-19/223465
Ban after 6 weeks7/5-12/224059
Ban after 15 weeks5/9-19/225049
Ban after 15 weeks7/5-12/225346
Ban after 6 months5/9-19/226535
Ban after 6 months7/5-12/226633
No restrictions at any point5/9-19/223960
No restrictions at any point7/5-12/224158

Some states have considered legislation that would make it illegal for a woman to have an abortion by traveling to a different state where abortion is legal. This policy is favored by 21% of respondents and is opposed by 78%. There has been little change on this, as shown in Table 11.

Table 11: Should states be able to make out-of-state travel for abortion illegal, responses among adults, May-July 2022

Poll datesYesNo
5/9-19/222278
7/5-12/222178

Majorities of all partisan groups say states should not be able to restrict out-of-state travel to obtain abortions. There has been little change in opinion on this issue among partisan groups from May to July, as shown in Table 12.

Table 12: Should states be able to make out-of-state travel for abortion illegal, by party identification, among adults, May-July 2022

Party IDPoll datesYesNo
Republican5/9-19/223466
Republican7/5-12/223169
Independent5/9-19/221881
Independent7/5-12/222080
Democrat5/9-19/221585
Democrat7/5-12/221684

The potential for states to make it illegal to get and fill prescriptions from out-of-state providers for medication that induces an abortion is favored by 26% and opposed by 73%. This question was not asked previously.

As with out-of-state travel for abortions, this possible legal restriction shows a sharp divide by party, as seen in Table 13, though a majority of each partisan group oppose such restrictions.

Table 13: Should a state be able to make it illegal for a woman to get and fill a prescription from out-of-state providers for medication that will induce an abortion, by party identification, among adults, July 2022

Party IDYesNo
Republican4158
Independent2773
Democrat1387

January 6 Committee hearings

Among adults, 43% say they have heard a lot about the January 6 Committee hearings, 38% have heard a little, and 19% have heard nothing at all. For comparison, 81% have heard a lot about the Supreme Court decision overturning Roe v. Wade, and 47% have heard a lot about the Court’s ruling that the Second Amendment includes the right to possess a firearm outside the home.

Table 14 shows that Democrats have been more attentive to the January 6 Committee hearings than have Republicans or independents, though a large majority of each group has heard at least “a little.”

Table 14: Heard about January 6 Committee hearings, by party identification, among adults, July 2022

Party IDA lotA littleNothing at all
Republican354817
Independent373825
Democrat563212

Fifty-two percent say that former President Donald Trump bears “a lot” of responsibility for the violence on January 6, while 18% say “a little” and 30% say he has no responsibility at all for the violence. Those who have heard a lot about the January 6 Committee hearings say Trump is more responsible than do those who have heard little or nothing about the hearings, as shown in Table 15.

Table 15: Trump responsibility for January 6 violence, by amount heard about the January 6 Committee hearings, among adults, July 2022

Heard about Jan. 6 CommitteeA lot of responsibilityA little responsibilityNone at all
A lot68922
A little or none402535

While partisans differ in their attention to the hearings, and in their views of Trump, those who have heard a lot about the hearings assign greater responsibility for violence to Trump than do those who have heard less, though the partisan gap remains very large, as shown in Table 16.

Table 16: Trump responsibility for January 6 violence, by amount heard about the January 6 Committee hearings and by party identification, among adults, July 2022

Party IDHeard about Jan. 6 CommitteeA lot of responsibilityA little responsibilityNone at all
RepublicanA lot172657
RepublicanA little or none62668
IndependentA lot66727
IndependentA little or none393230
DemocratA lot9530
DemocratA little or none811010

The public is evenly divided on the evidence presented by the January 6 Committee, with 52% saying it has been convincing and 48% saying it has not been convincing. Partisan differences are quite large in this case, as shown in Table 17.

Table 17: Has evidence presented in January 6 Committee hearings been convincing, by party identification, among adults, July 2022

Party IDHas been convincingHas not been convincing
Republican1585
Independent4950
Democrat8316

As with views of Trump’s responsibility, those who have heard a lot about the hearings are more likely to say the evidence is convincing, in every partisan group, though the partisan differences remain large, as shown in Table 18.

Table 18: Has evidence presented in January 6 Committee hearings been convincing, by party identification and by how much heard about hearings, among adults, July 2022

Party IDHeard about Jan. 6 CommitteeHas been convincingHas not been convincing
RepublicanA lot2179
RepublicanA little or none1288
IndependentA lot6535
IndependentA little or none4060
DemocratA lot954
DemocratA little or none6832

There has been little net change in favorability ratings of Trump since the hearings began. In July, 34% had a favorable view of Trump, compared to 35% who were favorable in May. There is little difference in favorability among partisans based on how much they have heard of the hearings, though independents who have heard a lot are somewhat less favorable to Trump as shown in Table 19.

Table 19: Favorable or unfavorable opinions of Donald Trump, by party identification and by how much heard about January 6 Committee hearings, among adults, July 2022

Party IDHeard about Jan. 6 CommitteeFavorable opinionUnfavorable opinionHaven’t heard enough
RepublicanA lot80201
RepublicanA little or none81154
IndependentA lot23761
IndependentA little or none31609
DemocratA lot3951
DemocratA little or none9882

Thirty-four percent in July say they would like Trump to run again for president, little changed from 33% in May.

Biden job approval

Approval of how President Joe Biden is handling his job as president has declined in July to 36%, down from 42% in May. This is the lowest approval for Biden in the Marquette Law School Poll national surveys. The full trend of Biden approval is shown in Table 20.

Table 20: Approval of Biden job performance, among adults, July 2021-July 2022

Poll datesApproveDisapprove
7/16-26/215842
9/7-16/214852
11/1-10/214951
1/10-21/224653
3/14-24/224455
5/9-19/224257
7/5-12/223664

Biden has seen approval ratings decline among Democrats and especially among independents, while Republicans have maintained high levels of disapproval.

Table 21: Approval of Biden job performance, by party identification, among adults, July 2021-July 2022

Party IDPoll datesApproveDisapprove
Republican7/16-26/211684
Republican9/7-16/21990
Republican11/1-10/211782
Republican1/10-21/22991
Republican3/14-24/22892
Republican5/9-19/22792
Republican7/5-12/22396
Independent7/16-26/215743
Independent9/7-16/214357
Independent11/1-10/214357
Independent1/10-21/224257
Independent3/14-24/223763
Independent5/9-19/224059
Independent7/5-12/222574
Democrat7/16-26/21963
Democrat9/7-16/218911
Democrat11/1-10/218316
Democrat1/10-21/228317
Democrat3/14-24/228613
Democrat5/9-19/227821
Democrat7/5-12/227525

Biden’s approval rating has also declined among white, Black, and Hispanic respondents, as shown in Table 22. The table demonstrates a steady decline among white and Black respondents since July 2021. Among Hispanic respondents, approval remained relatively stable until this survey, dropping sharply in July 2022, to 37%.

Table 22: Approval of Biden job performance, by race and Hispanic origin, among adults, July 2021-July 2022

Race and Hispanic originPoll datesApproveDisapprove
White7/16-26/215050
White9/7-16/214060
White11/1-10/214158
White1/10-21/224060
White3/14-24/224060
White5/9-19/223465
White7/5-12/223168
Black7/16-26/218810
Black9/7-16/217426
Black11/1-10/216832
Black1/10-21/225741
Black3/14-24/225643
Black5/9-19/225941
Black7/5-12/225149
Hispanic7/16-26/215644
Hispanic9/7-16/215446
Hispanic11/1-10/215149
Hispanic1/10-21/225643
Hispanic3/14-24/225148
Hispanic5/9-19/225641
Hispanic7/5-12/223763

About the Marquette Law School Poll

The survey was conducted July 5-12, 2022, interviewing 1,003 adults nationwide, with a margin of error of +/-4 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 https://law.marquette.edu/poll/category/results-and-data/.

New Marquette Law School Poll national survey finds approval of the Supreme Court at new lows, with strong partisan differences over abortion and gun rights

MILWAUKEE – A new Marquette Law School Poll national survey finds approval of the U.S. Supreme Court has fallen to 38%, while 61% disapprove of how the Court is handling its job. In May, 44% approved and 55% disapproved, and in March, 54% approved and 45% disapproved.

By contrast, approval of the Court stood at 66% in September 2020, with 33% disapproval then. As recently as July 2021, the Court had a 60% approval rating. Table 1 shows the trend in approval since September 2020. (All results in the tables are stated as percentages; the precise wording of the questions can be found in the online link noted above.)

Table 1: Supreme Court job-approval trend, Sept. 2020-July 2022

Poll datesApproveDisapprove
9/8-15/206633
7/16-26/216039
9/7-16/214950
11/1-10/215446
1/10-21/225246
3/14-24/225445
5/9-19/224455
7/5-12/223861

The latest Marquette Law Poll Supreme Court survey was conducted July 5-12, 2022, shortly after the final decisions from the October 2021 Supreme Court term were released. The survey interviewed 1,003 adults nationwide and has a margin of error of +/-4 percentage points.

The sharp decline in approval in July follows the Court’s decision in Dobbs v. Jackson Women’s Health, overruling the 1973 Roe v Wade decision, which announced a federal constitutional right to abortion in all 50 states. In March, prior to the leak of the draft opinion overturning Roe, 65% of those who favored striking down Roe approved of how the Court was handling its job, while 45% of those opposed to overturning Roe approved. Following the leaked opinion in May, approval rose sharply among those who favored overturning Roe, to 84%, and fell among those opposed, to 25%. In July, approval remained at 83% for those in favor of the Dobbs decision but fell even further among those opposed to striking down Roe, to 11%. Table 2 shows the full trend in approval of the Court’s job performance, by position on Roe.

Table 2: Approval of the Supreme Court’s job performance, by favor or oppose overturning Roe v. Wade

Position on RoePoll datesApproveDisapprove
Favor overturn Roe3/14-24/226534
Favor overturn Roe5/9-19/228416
Favor overturn Roe7/5-12/228317
Oppose overturn Roe3/14-24/224554
Oppose overturn Roe5/9-19/222574
Oppose overturn Roe7/5-12/221189

Approval of the Court is more sharply polarized along party lines than it was in March. In March, partisan differences were modest, with a majority of both Republicans (64%) and Democrats (52%) approving of the Court’s handling of its job. This changed after the leaked draft opinion in May, with approval among Republicans rising to 71% and approval among Democrats falling to 28%. This divide widened further after the Court ruling was handed down on June 24, with approval among Republicans remaining high at 67% and virtually collapsing among Democrats to 15%. Approval among independents also declined from March to May, but did not change further after the June decision. Table 3 shows approval by party identification in the March, May, and July surveys.

Table 3: Court approval, by party identification, March, May, and July 2022

Party IDPoll datesApproveDisapprove
Republican3/14-24/226436
Republican5/9-19/227129
Republican7/5-12/226732
Independent3/14-24/225148
Independent5/9-19/223861
Independent7/5-12/223960
Democrat3/14-24/225248
Democrat5/9-19/222870
Democrat7/5-12/221585

Self-described ideology is strongly associated with approval of the Court, which also increased in polarization from March to July, as shown in Table 4. Approval of the Court’s job performance increased among those who describe themselves as “very conservative” or “conservative,” while it decreased among those who consider themselves “moderate,” “liberal,” or “very liberal.” The difference in approval rate between the most conservative and most liberal respondents is now 75 percentage points, up from 36 percentage points in March.

Table 4: Court approval by ideology, March, May, and July 2022

IdeologyPoll datesApproveDisapprove
Very conservative3/14-24/226535
Very conservative5/9-19/227525
Very conservative7/5-12/227919
Somewhat conservative3/14-24/226831
Somewhat conservative5/9-19/227227
Somewhat conservative7/5-12/227128
Moderate3/14-24/225840
Moderate5/9-19/223663
Moderate7/5-12/222971
Somewhat liberal3/14-24/224060
Somewhat liberal5/9-19/222872
Somewhat liberal7/5-12/22990
Very liberal3/14-24/222971
Very liberal5/9-19/22988
Very liberal7/5-12/22496

Support for and opposition to overturning Roe

Opinion on overturning Roe v. Wade has only slightly changed in the wake of the Court’s decision in June. Among those with an opinion on the issue, 36% favor the overturning of Roe, while 64% oppose striking it down. That is a 5-percentage-point increase among those who favor overturning Roe and a 5-percentage-point decrease among those opposed to striking down Roe, compared to opinion in May, when 31% were in favor of such a ruling and 69% were opposed. Table 5 shows the trend on this question since September 2019.

Table 5: Favor or oppose overturning Roe v. Wade, trend among those with an opinion, 2019-2022

Poll datesFavor overturn RoeOppose overturn Roe
9/3-13/193268
9/8-15/203763
9/7-16/212872
11/1-10/213070
1/10-21/222872
3/14-24/223268
5/9-19/223169
7/5-12/223664

Substantial partisan divides on Roe have changed little from March through July. Table 6 shows views on overturning Roe by party. Opinion among independents fluctuated modestly, while totals for Republicans and Democrats hardly changed across the three surveys.

Table 6: Opinion on overturning Roe, by party identification, March, May and July 2022

Party IDPoll datesFavor overturn RoeOppose overturn Roe
Republican3/14-24/226832
Republican5/9-19/226931
Republican7/5-12/227129
Independent3/14-24/223169
Independent5/9-19/222476
Independent7/5-12/223664
Democrat3/14-24/22892
Democrat5/9-19/22595
Democrat7/5-12/22991

A large majority, 81%, said they had read or heard a lot about the decision to overturn Roe, while 15% said they had read a little and 3% said they had read nothing at all.

In May, following the leaked draft opinion, 40% said they had heard a lot about that, 36% had heard a little, and 24% said they had read or heard nothing at all.

More than three-quarters of each partisan group say they have read or heard a lot about the decision overturning Roe. This is considerably larger in each partisan group than those who heard a lot about the leaked draft opinion in May, when half or less of each partisan group had heard a lot about the draft opinion. The amount read or heard about the leaked draft and the final decision by party is shown in Table 7.

Table 7: How much read or heard about the leaked draft opinion, by party identification, May and July 2022

(a) May, heard about leaked draft opinion on Roe

Party IDA lotA littleNothing at all
Republican433917
Independent313732
Democrat513217


(b) July, heard about Court ruling overturning Roe

Party IDA lotA littleNothing at all
Republican81170
Independent76185
Democrat8992

Perceptions of Court ideology

Over the past three years, perceptions of the Court in ideological terms have shifted substantially in the conservative direction. In this most recent poll, less than half as many see the Court as “moderate” compared to perceptions in September 2019, and almost seven times as many say it is “very conservative” as was the case in September 2019. Specifically, Table 8 shows the trend in perceived ideology of the Court: Over this time, the percentage saying the Court is “moderate” has fallen from 50% in September 2019 to 21% in July 2022, while the percentage saying the Court is “very conservative” has increased from 5% to 34%. While these shifts continued in July, the trend was well established prior to the Court’s decisions this summer.

Table 8: Perceived ideology of the Supreme Court, Sept. 2019-July 2022

Poll datesVery conservativeSomewhat conservativeModerateSomewhat liberalVery liberal
9/3-13/195335093
9/8-15/205305492
7/16-26/2113374261
9/7-16/2116354072
11/1-10/2115353981
1/10-21/2217383582
3/14-24/22153736102
5/9-19/2223333482
7/5-12/2234332173

Second Amendment

The Court ruled in June, in New York State Rifle & Pistol Association Inc. v. Bruen, that the Second Amendment protects the right to possess a gun outside the home. A majority of respondents, 56%, favor this ruling, while 44% oppose this expansion of gun rights, among those with an opinion. Compared to the May survey, this was a 10-percentage-point decrease in those favoring the ruling and a 10-point increase in those opposed. The trend in opinion of this issue, which had been quite stable since September 2021, is shown in Table 9.

 

Table 9: Favor Second Amendment right to possess a gun outside the home, among those with an opinion, Sept. 2021-July 2022

Poll datesFavorOppose
9/7-16/216337
11/1-10/216535
1/10-21/226733
3/14-24/226337
5/9-19/226634
7/5-12/225644

Substantial majorities of both Republicans and independents favor this ruling, while a large majority of Democrats oppose it, as shown in Table 10. Democrats became substantially more opposed to this ruling in July, after the decision, while independent support remained a majority but declined by 10 percentage points. Republican support rose to a near-unanimous 95%.

Table 10: Favor ruling that there is a Second Amendment right to possess a gun outside the home by party identification, May-July 2022

Party IDPoll datesFavorOppose
Republican5/9-19/228911
Republican7/5-12/22955
Independent5/9-19/227129
Independent7/5-12/226139
Democrat5/9-19/223169
Democrat7/5-12/221882

In this July poll, awareness of the decision in Bruen was substantially lower than awareness of the Dobbs decision, with 47% saying they had read or heard a lot about the Second Amendment ruling, 36% saying they read or heard a little, and 16% saying they heard nothing at all.

Partisan differences in awareness of the decision were modest, as shown in Table 11, with Democrats 11 percentage points more likely than Republicans to have heard a lot and independents only slightly less likely to have heard a lot than Republicans.

Table 11: How much have you read or heard about the Second Amendment decision, by party identification, July 2022

Party IDA lotA littleNothing at all
Republican463717
Independent413920
Democrat573211

Support for possession of a gun outside the home by gun ownership is shown in Table 12, with a large majority of gun households in favor of expanded Second Amendment rights, and a small majority of those without a gun in the home opposed.

Table 12: Favor Second Amendment right to possess a gun outside the home, by gun ownership, May 2022

Gun ownershipFavorOppose
Gun household7228
Not gun household4654

Public funding for attendance at religious schools

In the latest of a series of recent cases in which the Court has expanded ways that public funding for religious schools could increase, the Court ruled in Carson v. Makin that Maine cannot exclude tuition support to students attending religious schools that is otherwise available to students attending non-religious private schools. Unlike the decisions on abortion and gun rights, a majority of respondents say they have heard nothing about this case (36%) or have heard of it but do not know enough to give an opinion (23%). Of those who do have an opinion, 59% favor the decision and 41% oppose it. When asked about this possible decision in September 2021, 69% favored a ruling in favor of providing tuition for attendance at religious schools in the circumstances described and 31% were opposed, among those with an opinion.

While the salience of this decision is much less than for others, increased partisan polarization is also apparent. Table 13 shows how the partisan divide has increased from September 2021 to July 2022.

Table 13: Favor or oppose public tuition support for religious schools, by party identification, among those with an opinion, Sept. 2021 & July 2022

Party IDPoll datesFavorOppose
Republican9/7-16/21919
Republican7/5-12/228713
Independent9/7-16/217030
Independent7/5-12/226436
Democrat9/7-16/214456
Democrat7/5-12/222872

In July, support for this ruling is highest among born-again Protestants, followed by Roman Catholics and mainline Protestants. A bare majority of those with other religious affiliations favor this ruling, while those without a religious attachment are the only group with a majority opposed to the decision, as shown in Table 14. Compared to September 2021, the percentage favoring this decision rose among born-again Protestants, while declining among other religious groups.

 

Table 14: Favor or oppose public tuition support for students attending religious schools, by religion, among those with an opinion, July 2022

ReligionPoll datesFavorOppose
Born-again Protestant9/7-16/218614
Born-again Protestant7/5-12/22928
Mainline Protestant9/7-16/217030
Mainline Protestant7/5-12/226139
Roman Catholic9/7-16/218416
Roman Catholic7/5-12/227921
No religion9/7-16/214753
No religion7/5-12/223268
Other religion9/7-16/216337
Other religion7/5-12/225149

Confidence in the Court and other institutions

Confidence in the Court has decreased since 2019, although the public continues to express more confidence in it than in Congress or the presidency. Table 15 shows the trend in confidence in the three branches of the federal government since September 2019. The percentage saying they have little or no confidence in the Court has more than doubled since 2019, while confidence in the other institutions (lower to begin with) has fluctuated but not changed so substantially.

Table 15: Confidence in branches of the federal government, 2019-2022

(a) Supreme Court

Poll datesGreat deal/quite a lotSomeVery little/none at allDK/Ref
9/3-13/193742201
9/8-15/203945160
7/5-12/222828440

(b) Congress

Poll datesGreat deal/quite a lotSomeVery little/none at allDK/Ref
9/3-13/191039510
9/8-15/201342441
7/5-12/221035560


(c) The Presidency

Poll datesGreat deal/quite a lotSomeVery little/none at allDK/Ref
9/3-13/192825470
9/8-15/203123450
7/5-12/222131480

As with approval of the Court’s job performance, confidence in the Court has become much more polarized by party. Confidence in the presidency has shifted by party sharply with partisan control of that office, while views of Congress have fluctuated but not trended as much. Table 16 shows the relationship of party and confidence for each institution.

Table 16: Confidence in branches of the federal government, by party identification, 2019-2022

(a) Supreme Court

Party IDPoll datesGreat deal/quite a lotSomeVery little/none at allDK/Ref
Republican9/3-13/195332142
Republican9/8-15/20504280
Republican7/5-12/225130190
Independent9/3-13/192847240
Independent9/8-15/203446190
Independent7/5-12/222829430
Democrat9/3-13/193444210
Democrat9/8-15/203645190
Democrat7/5-12/221024660

(b) Congress

Party IDPoll datesGreat deal/quite a lotSomeVery little/none at allDK/Ref
Republican9/3-13/19937540
Republican9/8-15/201740430
Republican7/5-12/221136520
Independent9/3-13/19734590
Independent9/8-15/20639532
Independent7/5-12/22729631
Democrat9/3-13/191348390
Democrat9/8-15/201646380
Democrat7/5-12/221141480

(c) The Presidency

Party IDPoll datesGreat deal/quite a lotSomeVery little/none at allDK/Ref
Republican9/3-13/196920120
Republican9/8-15/20702180
Republican7/5-12/221419670
Independent9/3-13/191933470
Independent9/8-15/202129500
Independent7/5-12/221629550
Democrat9/3-13/19719731
Democrat9/8-15/20920710
Democrat7/5-12/223244230

The percentage of those who say that the justices are making decisions based mainly on the law has declined from 64% in September 2019 to 48% in July 2022, while those saying that justices’ decisions are based mainly on politics has increased from 35% to 52% over the same time. The full trend is shown in Table 17.

Table 17: What most often motivates Supreme Court justices’ decisions: mainly the law or mainly politics? 2019-2022

Poll datesMainly politicsMainly the law
9/3-13/193564
9/8-15/203762
7/16-26/212971
9/7-16/213961
11/1-10/213070
1/10-21/224753
7/5-12/225248

While views of the basis of the justices’ decisions have turned toward politics, people view the decisions of “the Court” as an institution as even more politically motivated. When asked, “In general, do you think that the Supreme Court is mainly motivated by politics or mainly motivated by the law?”—rather than “In general, what most often motivates Supreme Court justices’ decisions?” (with the options being “Mainly politics” and “Mainly the law”)—a higher percentage, by some 10 percentage points, say the Court is motivated by politics. This is shown in Table 18 (as compared with Table 17).

Table 18: Do you think that the Supreme Court is mainly motivated by politics or mainly motivated by the law?, 2022

Poll datesMainly politicsMainly the lawWeb blank
1/10-21/2257430
7/5-12/2261390

In striking down Roe v. Wade, the Court overturned a longstanding precedent. The extent to which precedent should be followed has been the subject of questions during confirmation hearings for Court nominees for some time, including specifically with respect to Roe. For the public, however, following precedent has been less important than overturning a ruling the majority of the Court believes to have been wrongly decided. In the wake of the overturning of Roe, the public now gives more weight than previously to precedent, but a still solid two-to-one majority thinks the Court should be free to strike down precedents. Table 19 shows this trend.

Table 19: Should justices of the Supreme Court follow previous decisions whenever possible or should the Court overturn previous decisions if a majority of the Court believes the case was wrongly decided?, 2020-2022

Poll datesFollow previous decisionsOverturn if a majority think it was wrongly decided
9/8-15/201881
9/7-16/212674
7/5-12/223366

While approval of the Court’s job performance and confidence in the Court have declined, as set forth earlier in this release, there has not been any change in support for expanding the size of the Court over the past year, and only a small increase since 2019. Opinion is evenly divided on increasing the number of justices, as shown in Table 20.

Table 20: Support for increasing the number of justices, 2019-2022

Poll datesExpand CourtDo not expand
9/3-13/194256
9/8-15/204653
7/16-26/214851
9/7-16/214851
11/1-10/214852
7/5-12/224951

There has been a modest increase in support for the Court’s considering public opinion when making decisions: from a small majority in 2020 saying public opinion should be ignored to a similar small majority in 2022 saying the Court should consider public opinion, as shown in Table 21.

Table 21: Should Court consider public opinion when deciding cases, 2020-2022

Poll datesShould consider public opinionShould ignore public opinion
9/8-15/204455
9/7-16/214159
7/5-12/225446

Opinion of same-sex marriage and LGBTQ discrimination decisions

A large majority (66%) of respondents favor the 2015 Supreme Court decision that ruled the Constitution guarantees a right to same-sex marriage, while 34% oppose that ruling.

An even larger majority (84%) favor the 2020 Supreme Court ruling that federal civil rights law protects gay and transgender workers from workplace discrimination, while 16% oppose that decision. Table 22 shows these opinions by party identification.

Table 22: Favor same-sex marriage and LGBTQ anti-discrimination rulings, by party identification, July 2022

a) Same-sex marriage decision

Party IDFavorOppose
Republican4555
Independent6436
Democrat8416

(b) LGBTQ anti-discrimination decision

Party IDFavorOppose
Republican6832
Independent8515
Democrat937

About the Marquette Law School Poll

The survey was conducted July 5-12, 2022, interviewing 1,003 adults nationwide, with a margin of error of +/-4 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 on the Marquette Law School Poll website. Some items from this survey are held for later release.

Wording of questions about recent 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. (Prior to the decisions, these were asked as possible future decisions with descriptions identical to those here.)

Do you favor or oppose the following recent Supreme Court decisions, or haven’t you heard enough about this to have an opinion?

Opinion of same-sex marriage decision:

Opinion of decision that anti-discrimination laws protect LGBTQ people:

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?