New national Marquette Law School Poll finds public approval of the Supreme Court to be high, partisanship to shape views of justices and decisions

MILWAUKEE — A Marquette University Law School poll of adults nationwide finds 60% saying they approve of the way the U.S. Supreme Court is handling its job, while 39% disapprove and 1% do not offer an opinion. By comparison, in the same national poll, 58% approve of the way President Joe Biden is handling his job as president, while 42% disapprove. The U.S. Congress fares worst of the three branches, as 33% among the public approve and 66% disapprove of how Congress is performing its duties.

Over the past year, approval of the Court has declined six points, from 66% in September 2020. Disapproval rose a corresponding amount, from 33% to 39%. Asked which branch of the federal government they trust most, 58% of respondents say they trust the Court most of the three branches, with 28% saying they trust the presidency most and 13% saying they trust Congress the most. In the 2020 national Marquette Law School Poll, 59% said they trusted the Court most, with the presidency at 24% and Congress at 16%.

The Marquette Law School Poll previously conducted national surveys of public opinion and attitudes about the U.S. Supreme Court in 2019 and 2020. This new poll reflects an expansion of this initiative, which will see a similar national poll conducted every other month for the next year. This survey was conducted July 16-26, 2021, among 1,010 adults nationwide, with a margin of error of +/-3.9 percentage points. Interviews were conducted using the SSRS Opinion Panel, a national probability sample with interviews conducted online.

Approval of the Court varies little by party in this survey, whereas partisanship played a larger role a year ago. Tables 1 and 2 show approval of the way the Court is handling its job, by party identification for 2021 and 2020. Democrats and Republicans have similar approval ratings of the Court this year, but in 2020 Republicans were much more approving of the Court. This shift is striking because the 2020 survey was completed before Justice Ruth Bader Ginsburg died, so the decline in Republican approval comes despite the addition of Justice Amy Coney Barrett, who was appointed by Republican President Donald Trump.

All numbers in tables are percentages unless context indicates otherwise.

Table 1: Approval of the way the Court is doing its job, by party identification, July 2021

Party IDApproveDisapproveRefused
Republican57421
Independent61371
Democrat59401

Table 2: Approval of the way the Court is doing its job, by party identification, September 2020

Party IDApproveDisapproveRefused
Republican80192
Independent64342
Democrat57430

Despite the intense arguments over the Court in partisan circles, perceptions of the Court’s makeup have changed only modestly since Barrett’s nomination gave Republican presidents six appointments to the Court versus three appointments by Democratic presidents. Fewer than a third of respondents say Republican presidents have “definitely” appointed a majority of the Court, while just under half say they “probably” have appointed a majority. Almost a quarter say Democratic presidents have probably or definitely appointed a majority of the Court. Perception has shifted slightly over the past three years, with more awareness in 2021 of a Republican-appointed majority, as shown in Table 3.

Table 3: What is your guess as to whether a majority of the current US Supreme Court Justices were appointed by Democratic or Republican presidents?

SurveyDefinitely a majority appointed by Democratic presidentsProbably a majority appointed by Democratic presidentsProbably a majority appointed by Republican presidentsDefinitely a majority appointed by Republican presidents
September 20194235319
September 20204245121
July 20214204530

Knowledge of the partisan majority—a shorthand term used in this release simply to refer to the party of the appointing president—varies substantially by party. Despite three appointments to the Court by Donald Trump and frequent public references to Republican emphasis on judicial nominations, only 16% of Republicans say Republican presidents have “definitely” appointed a majority of the justices. By comparison, 44% of Democrats know this fact. Table 4 shows awareness of the partisan majority by party identification.

Table 4: Perceived partisan majority, by party identification

Party IDDefinitely/Probably Dem majorityProbably Rep majorityDefinitely Rep majority
Republican305316
Independent264528
Democrat183844

Republicans who think Democratic presidents have appointed a majority of the Court (30% of all Republicans) are much less approving of the Court than Republicans who know there is a Republican-appointed majority. For independents and Democrats, those who say Republican presidents have definitely appointed a majority of the Court are less approving than those who say there is “probably” a Republican-appointed majority or who think there might be a majority appointed by Democratic presidents. Table 5 shows this relationship.

Table 5: Approval of the Court, by party and knowledge of partisan majority

Party IDAwareness of partisan majorityApproveDisapproveRefused
RepublicanDefinitely/Probably Dem majority43570
RepublicanProbably Rep majority63361
RepublicanDefinitely Rep majority64360
IndependentDefinitely/Probably Dem majority60364
IndependentProbably Rep majority67320
IndependentDefinitely Rep majority52480
DemocratDefinitely/Probably Dem majority71290
DemocratProbably Rep majority63353
DemocratDefinitely Rep majority52480

Institutional change

Expansion of the Court has become a frequent topic of debate following recent confirmation battles in Congress. In the new national Marquette Law School Poll, 48% favor increasing the number of justices on the Court, while 51% oppose such a structural change.

On the issue of expanding the number of justices, the poll shows substantial and symmetric partisan differences, as shown in Table 6, with Republicans heavily opposed to an expansion and Democrats heavily in favor. Independents are, on balance, somewhat opposed.

Table 6: Support for expanding the number of justices, by party identification

Party IDFavorOppose
Republican2674
Independent4456
Democrat7326

A majority of the public thinks that justices should not consider partisan control of the presidency and Senate when deciding the timing of their retirements. However, when given information about some Democrats urging Justice Stephen Breyer to retire now with a Democratic president and Senate, more people support retiring with politics in mind, though it remains a minority.

When asked “Do you think Justices should consider the party in control of the White House and senate as they decide when to retire?” 28% say justices should consider party control, while 72% say they should not consider this. This item was asked of a random half-sample of the survey.

The other random half of respondents was provided more information and context in the form of an alternative question worded this way: “Justice Stephen Breyer is 82 years old and the oldest member of the Court. He was nominated to the court in 1994 by President Clinton. Some Democrats are urging Breyer to retire now while there are a Democratic president and senate. Do you think Justices should consider the party in control of the White House and senate as they decide when to retire?” With this wording, 39% say justices should consider party control while 60% say they should not.

The partisan information boosts support for political timing of retirements across partisan identification, especially among Democrats, as shown in Tables 7 and 8.

Table 7: “Do you think Justices should consider the party in control of the White House and senate as they decide when to retire?”

Party IDConsider party controlNot consider party control
Republican1684
Independent2674
Democrat4159

Table 8: “Justice Stephen Breyer is 82 years old and the oldest member of the Court. He was nominated to the court in 1994 by President Clinton. Some Democrats are urging Breyer to retire now while there are a Democratic president and senate. Do you think Justices should consider the party in control of the White House and senate as they decide when to retire?”

Party IDConsider party controlNot consider party control
Republican2377
Independent3761
Democrat5842

Cases and decisions

While some Supreme Court decisions break through to public awareness among almost all citizens, most cases struggle to reach even half of the public. Six cases handed down in June or early July illustrate this range of visibility. They also show that, among those who have heard of them, a plurality supports all but one of the decisions, with substantial plurality support for three of the six decisions. Table 9 shows these decisions in order from least visible to most visible. The exact question wordings describing these cases were paraphrases of the way the cases were described in leading newspaper coverage. The full wording of the questions is given at the end of this release and is also available in the complete survey instrument posted online.

Table 9: Awareness and view of decisions

DecisionHeard nothingHeard but not enoughHeard enoughFavorOpposeNet favor
California donor disclosure (Americans for Prosperity Foundation v. Bonta)40213820182
NCAA antitrust (NCAA v. Alston)33254134727
Arizona voting rights (Brnovich v. Democratic National Committee)27264623230
Philadelphia Catholic Social Services (Fulton v. City of Philadelphia, Pennsylvania)36174627198
School speech (Mahanoy Area School District v. B.L.)24165952745
Affordable Care Act (California v. Texas)152460421824

Perceived ideology of the Supreme Court

The Supreme Court is perceived as a center-right institution. Thirteen percent say it is very conservative, 37% say it is somewhat conservative, and 42% call it moderate. A small set of respondents (6%) see the Court as somewhat liberal and 1% think it is very liberal.

Perceptions have shifted a bit to the right since September 2020, when 5% said the Court was very conservative, 30% called it conservative, and 54% labeled it moderate, while 9% said it was liberal and 2% called it very liberal. (The category labels changed from 2020 to 2021, replacing “conservative” with “somewhat conservative” and “liberal” with “somewhat liberal,” so it is possible that this change in wording affected the results independently of changes in public perceptions.)

Compared across political institutions and actors, the Court is on average seen as closer to the center than is the Republican party and closer to the right than is Joe Biden or the Democratic party. Table 10 shows the average position on a 1-5 scale, where 1 is very conservative and 5 is very liberal.

Table 10: Average ideological ratings where 1 is very conservative through 5 is very liberal

Rating forMean
Republican party1.77
Supreme Court2.44
Joe Biden3.73
Democratic party3.95

While the public sees the court as leaning to the right ideologically, a substantial majority (71%) say the justices’ decisions are most often motivated by the law, while 29% say decisions are mainly based on politics. In the 2020 poll, 62% said the law was the main motivation of justices, and 37% said it was mainly politics.

A majority of each partisan group says the justices are mainly motivated by the law, though the majorities are somewhat smaller among Democrats than among Republicans or independents. Table 11 shows responses by party.

Table 11: Do justices decide mainly based on politics or the law, by party

Party IDMainly politicsMainly the law
Republican2476
Independent2575
Democrat4060

The public’s views of the justices

The justices are not well known among the public. Nearly a quarter of respondents (24%) say they do not know enough about any of the nine justices to give a favorable or unfavorable opinion about them. Another quarter, 27%, are able to rate one, two or three justices. Twenty-three percent are able to rate four to six justices, and a final 26% can rate seven to nine justices.

Individual justices vary considerably in their visibility to the public. Table 12 shows the justices in order from least well known to most well known.

Table 12: Recognition and favorability ratings of justices, July 2021

JusticeNever heard ofHeard but not enoughAble to rateFavorableUnfavorable
Stephen Breyer433324186
Elena Kagan413029218
Samuel Alito3930311912
Neil Gorsuch3531342113
John Roberts3026432914
Sonia Sotomayor2525493712
Amy Coney Barrett2125532726
Clarence Thomas2122573225
Brett Kavanaugh1724582632

The order of justices by visibility is little changed from a year ago, with Barrett as third-most visible; on the Court, she replaced Ginsburg, who was the most well-known prior to her death in 2020. Breyer, Alito, Kagan and Gorsuch were the least well-known both years. Chief Justice John Roberts has been in the middle of visibility, with just over 40% able to rate him in both 2020 and 2021. The corresponding ratings of justices in September 2020 are shown in Table 13.

Table 13: 2020 Recognition and favorability ratings of justices, September 2020

JusticeNever heard ofHeard but not enoughAble to rateFavorableUnfavorable
Stephen Breyer473418126
Samuel Alito413325178
Elena Kagan462727189
Neil Gorsuch3729331914
John Roberts3127412813
Sonia Sotomayor2825473314
Clarence Thomas2223553025
Brett Kavanaugh1623602832
Ruth Bader Ginsburg1719634419


How knowledge and partisanship structure views of the Court

While the Supreme Court has been embroiled in political fights over appointments and high-stakes decisions on cases, and many party and interest group activists see the Court as crucial to their political and policy goals, the Court is, for the mass public, a somewhat distant object. Most citizens can offer generalized views of approval or ideology or trust, but specific and detailed knowledge is often lacking. While virtually all respondents are willing to give an approval rating or place the Court on a liberal-conservative ideology scale, only about half, 51%, say the choice of the next justice is “very important” to them personally, only 58% can say whether they have a favorable or unfavorable opinion of the best-known justice, while one in four (24%) state they don’t know enough to rate any of the nine justices, and 18% do not know enough to offer an opinion of any of six cases decided in the previous two months.

While it is common for voters to lack detailed knowledge of policy, procedure. or elected officials, the Court falls at the low end of visibility. It is not uncommon for a quarter to a third of voters to lack a favorable or unfavorable opinion of their U.S. senators, yet 42% were unable to give an opinion about the best-known justice, and 76% lacked an opinion of the least-known justice. Many voters are unable to give the name of their member of the House of Representatives. In light of this, it is not that the Court’s limited visibility is unique but rather that it represents the low end of a continuum from the highly visible president, through governors, senators, and members of Congress, to the Court.

An important implication of this is that the structure of opinion about the Court may differ substantially between those who have high interest in it and those who only casually attend to the Court, with rare exceptions such as confirmation battles or landmark decisions.

While opinion is often only loosely informed, citizens still form generalized opinions about the Court in much the same way they form opinion about other less-than-universally known political actors and policy. In particular, they rely on partisanship and party cues.

A first consequence of the information gradient is that those citizens most interested and most informed have the most divided views of the Court, while the less attentive tend to view the Court in a more positive light.

Those who say the next appointment to the Court is very important to them personally are about evenly divided in approval of the Court, while those less concerned are notably more approving, as shown in Table 14.

Table 14: Court approval, by how important is the choice of the next justice

ImportanceApproveDisapproveRefused
Very important53461
Somewhat important68320
Not too important64343
Not at all important62380

A similar pattern is evident for knowledge of decisions and of the justices. Those in the best-informed categories are considerably more divided in their views of the Court than are those with more limited knowledge. Table 15 shows the differences by knowledge of recent decisions, and Table 16 shows differences by ability to give an opinion of the justices.

Table 15: Court approval, by knowledge of recent decisions

Awareness of decisionsApproveDisapproveRefused
Case knowledge: zero decisions65332
Case knowledge: 1-2 decisions63361
Case knowledge: 3-462380
Case knowledge: 5-649491

Table 16: Approval of the Court, by knowledge of justices

Awareness of justicesApproveDisapproveRefused
Lowest quarter62362
2nd quarter60390
3rd quarter64351
Highest quarter52470

The partisan structure of opinion about the Court

Despite the limitations of knowledge about the Court the public manages, in a rough way, to match its partisan positions to its views of the justices and the Court’s decisions.

With the sole exception of Chief Justice Roberts, net favorability aligns with the partisanship of the respondent and the party of the president who appointed the Justice. This pattern holds for the less well-known justices (Breyer, Alito, Kagan, and Gorsuch) and for the more widely known justices (Sotomayor, Barrett, Thomas, and Kavanaugh). Roberts alone is more positively evaluated by Democrats than by Republicans, despite his appointment by Republican President George W. Bush. Views of the justices by party are shown in Table 17.

Table 17: Recognition and favorability ratings of justices, by party identification

JusticeParty IDAble to rateFavorableUnfavorableNet favorability
Samuel AlitoRepublican3225718
Samuel AlitoIndependent2920911
Samuel AlitoDemocrat331122-11
Stephen BreyerRepublican191091
Stephen BreyerIndependent2016412
Stephen BreyerDemocrat3227522
Amy Coney BarrettRepublican5956353
Amy Coney BarrettIndependent472324-1
Amy Coney BarrettDemocrat58949-40
Neil GorsuchRepublican3330327
Neil GorsuchIndependent31211011
Neil GorsuchDemocrat371225-13
Elena KaganRepublican271215-3
Elena KaganIndependent251697
Elena KaganDemocrat3635134
Brett KavanaughRepublican5856254
Brett KavanaughIndependent542331-8
Brett KavanaughDemocrat63558-53
John RobertsRepublican3620164
John RobertsIndependent44301416
John RobertsDemocrat47351223
Clarence ThomasRepublican5750743
Clarence ThomasIndependent5230228
Clarence ThomasDemocrat641945-26
Sonia SotomayorRepublican421626-10
Sonia SotomayorIndependent46341222
Sonia SotomayorDemocrat6261160

Political partisanship also correlates with reactions to cases with a notable partisan tilt in the lineup of the justices (in the respective majority and dissent) or with a partisan bent in their dominant public characterizations, including the Arizona voting rights, California donor disclosure, Philadelphia Catholic Social Services, and Affordable Care Act cases. Views of other decisions, with a less clear partisan connection, including the school speech and NCAA antitrust decisions, vary less by partisanship, although Democrats favor the decisions somewhat more than do Republicans. These relationships are shown in Table 18.

Table 18: Awareness of decisions and view of decisions by party identification

DecisionParty IDNot heard/not enoughFavorOpposeNet favor
Arizona voting rights (Brnovich v. Democratic National Committee)Republican54341222
Arizona voting rights (Brnovich v. Democratic National Committee)Independent5526188
Arizona voting rights (Brnovich v. Democratic National Committee)Democrat511138-27
California donor disclosure (Americans for Prosperity Foundation v. Bonta)Republican61271116
California donor disclosure (Americans for Prosperity Foundation v. Bonta)Independent6122175
California donor disclosure (Americans for Prosperity Foundation v. Bonta)Democrat641125-14
School speech (Mahanoy Area School District v. B.L.)Republican4545936
School speech (Mahanoy Area School District v. B.L.)Independent3855550
School speech (Mahanoy Area School District v. B.L.)Democrat3855847
Philadelphia Catholic Social Services (Fulton v. City of Philadelphia, Pennsylvania)Republican47421032
Philadelphia Catholic Social Services (Fulton v. City of Philadelphia, Pennsylvania)Independent5625187
Philadelphia Catholic Social Services (Fulton v. City of Philadelphia, Pennsylvania)Democrat541729-12
Affordable Care Act (California v. Texas)Republican481537-22
Affordable Care Act (California v. Texas)Independent43411526
Affordable Care Act (California v. Texas)Democrat2666759
NCAA antitrust (NCAA v. Alston)Republican6624915
NCAA antitrust (NCAA v. Alston)Independent5835530
NCAA antitrust (NCAA v. Alston)Democrat5241635


About the Marquette Law School Poll

The survey was conducted July 16-26, 2021, interviewing 1,010 adults nationwide, with a margin of error of +/-3.9 percentage points. Interviews were conducted online using the SSRS Opinion Panel, a national probability sample. The half-sample items concerning justices’ retirement decisions have a margin of error of +/-5.6 percentage points. 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/

Question wording for Court decisions (see also https://law.marquette.edu/poll/category/results-and-data/)

“Do you favor or oppose the following recent Supreme Court decision, or haven’t you heard enough about it to have an opinion? The Supreme Court…”

“Ruled that an Arizona law did not violate the federal Voting Rights Act in rejecting ballots cast at the wrong precinct and limiting who can return absentee ballots for a voter.” [Note to reader here: This is a reference to Brnovich v. Democratic National Committee.]

“Ruled that California cannot require charities to report the identities of their top donors to the state attorney general, saying this violated the Constitutional right of freedom of association.” [Note: A reference to Americans for Prosperity Foundation v. Bonta.]

“Ruled that schools generally cannot punish students for things they say outside of school hours and off school grounds with the possible exception of bullying or threats.” [Note: A reference to Mahanoy Area School District v. B.L.]

“Ruled that Philadelphia was wrong to end a Catholic group’s contract to provide foster-care services because the organization refused to work with same-sex couples.” [Note: A reference to Fulton v. City of Philadelphia, Pennsylvania.]

“Rejected a case attempting to strike down the Affordable Care Act, or Obamacare, leaving the health care law intact.” [Note: A reference to California v. Texas.]

“Ruled that the National Collegiate Athletic Association (NCAA) violated antitrust laws when it limited the various education-related benefits that colleges and universities can offer student athletes.” [Note: A reference to NCAA v. Alston.]

New Marquette Law School Poll finds Biden lead over Trump stable at five percentage points

MILWAUKEE – A new Marquette Law School poll finds former Vice President Joe Biden the choice of 48% of likely voters in Wisconsin, President Donald Trump supported by 43% and Libertarian Jo Jorgensen receiving 2%. Another 7% say they will vote for none of these candidates, don’t know how they will vote or declined to say. These results include those who are undecided but say they lean to a candidate. This is the final Marquette Law School poll before the November 3 election.

The results are little changed from the Marquette Law School poll conducted from Sept. 30 to Oct. 4, in which Biden was the choice of 47%, Trump the choice of 42% and Jorgensen the choice of 4%. Those results also included those who were undecided but leaned to a candidate.

Among Republicans, 7% say they are voting for Biden, while 86% are voting for Trump, 3% for Jorgensen and 4% undecided or declining to say. Among Democrats, 3% are voting for Trump and 92% are voting for Biden, with none for Jorgensen and 4% undecided or declining to say. Independents say they are voting for Biden over Trump by a 36-28% margin, with 12% for Jorgensen and 24% undecided or declining to say.

The poll was conducted Oct. 21-25, 2020. The sample included 806 registered voters in Wisconsin, who were interviewed by cell phone or landline, with a margin of error of +/- 4.3 percentage points. There are 749 likely voters, with a margin of error of +/- 4.4 percentage points.

Table 1 shows the trend in presidential preference among likely voters from September through October. None of the poll-to-poll changes in support is outside the margin of error.

Table 1: Vote preference among likely voters, September-October 2020

Poll DatesNet Dem-RepJoe BidenDonald TrumpJo JorgensenNone/other (VOL)Don’t knowRefused
8/30-9/3/20448444022
9/30-10/4/20547424114
10/21-25/20548432106

Sensitivity of results to turnout and undecided voters

The vote margins may be sensitive to assumptions about turnout. The model results for likely voters are based on those respondents who say they are certain they will vote or have already done so. Table 2 shows vote both if turnout is lower than the likely-voter sample implies and, by contrast, if turnout is higher using all registered voters as the sample. The results range from a margin for Biden of 3% in a lower turnout than expected, a margin for Biden of 4% in a high turnout in which all registered voters voted, and the previously mentioned 5% Biden margin in our standard likely-voter model.

Table 2: Vote by level of turnout

ResponseAll registeredLikely-voter modelLower-turnout model
Joe Biden474848
Donald Trump434345
Jo Jorgensen222
None/other (VOL)110
Don’t know100
Refused665

In the likely-voter sample, 7% say they are undecided or declined to say how they would vote. To assess the probable impact of their votes, an “allocated” vote assigns these respondents to Biden if they have a favorable view of Biden and not a favorable view of Trump and assigns them to Trump if they are favorable to Trump and not favorable to Biden. If they are favorable to both or not favorable to both, they remain unallocated and remain undecided. Table 3 compares the vote among likely voters without allocation against the allocated vote. While the allocation reduced the undecided, refused and other categories, it does not change the margin, which remains 5 points in favor of Biden. The allocation does raise Biden to 50% and Trump to 45%, while Jorgensen remains at 2 percent.

Table 3: Vote for likely voters and allocated vote, respectively

ResponseLikely votersLikely voters, including allocated vote
Joe Biden4850
Donald Trump4345
Jo Jorgensen22
None/other (VOL)10
Don’t know00
Refused62

Expectations for the election

Among likely voters, 91% say their minds are made up while 6% say they might change their minds. Among Biden supporters, 95% say their minds are made up. Among Trump supporters, 93% say their minds are made up.

Sixteen percent of likely voters expect Trump to win the election by a lot, 23 percent think Trump will win by a little, 29% think Biden will win by a little and 17% think Biden will win by a lot.

Eighty percent of Trump voters expect him to win and 11% expect Biden to win. Among Biden voters, 80% expect him to win and 6% expect Trump to win.

Twenty-seven percent of likely voters say they are very confident that the votes will be accurately cast and counted in the election, with 43% somewhat confident, 21% not too confident and 7% not at all confident.

Among Republicans, 61% say they are very or somewhat confident the votes will be accurately counted and 37% are not too confident or not at all confident. Eighty-two percent of Democrats are very or somewhat confident the vote will be accurately counted, while 18% are not too or not at all confident.

Choice of ballot type in November

In the poll, 41% of registered voters say they have already voted either by absentee or in-person early voting. According to the Wisconsin Elections Commission data, 37.5% of registered voters had voted as of the end of the poll’s field period on Oct. 25.

Among those who say they have already voted, 64% report they voted for Biden, 25% voted for Trump, and 2% voted for Jorgensen. An additional 9% declined to say for whom they voted. Among those likely voters who have not yet cast a ballot, 35% report they will vote for Biden, 56% for Trump and 3% for Jorgensen. An additional 6% said someone else or declined to say how they will vote.

Views of Trump, Biden, Pence and Harris

Cares about you

Among all registered voters, 43% say “cares about people like you” describes Trump and 54% say this does not describe him. Fifty-six percent say this describes Biden and 40% say this does not describe him. Tables 4 and 5 shows trends on this question since June.

Table 4: Does ‘Cares about people like you’ describe Trump, June-October 2020

Poll dateCaresDoes not careDon’t know
6/14-18/2039573
8/30-9/3/2041563
10/21-25/2043542

Table 5: Does ‘Cares about people like you’ describe Biden, June-October 2020

Poll dateCaresDoes not careDon’t know
6/14-18/20464210
8/30-9/3/2048455
10/21-25/2056403

Favorability

Among registered voters, 44% have a favorable view overall of Trump and 54% have an unfavorable view of him. Forty-nine percent have a favorable view of Biden and 46% have an unfavorable view of him.

The full trends for favorability of Trump and Biden are shown in Tables 6 and 7.

Table 6: Favorable or unfavorable view of Trump, May-Oct. 2020

Poll dateNetFavorableUnfavorableHaven’t heard enoughDon’t know
5/3-7/20-7445122
6/14-18/20-12425422
8/4-9/20-13425521
8/30-9/3/20-12425421
9/30-10/4/20-11425322
10/21-25/20-10445411

Table 7: Favorable or unfavorable view of Biden, May-October 2020

Poll dateNetFavorableUnfavorableHaven’t heard enoughDon’t know
5/3-7/20-4424674
6/14-18/20-2444672
8/4-9/20-5434872
8/30-9/3/20-2454761
9/30-10/4/203484552
10/21-25/203494632

The vice-presidential candidates are less familiar to respondents, with 10% unable to give a favorable or unfavorable opinion of Vice President Mike Pence and 13% unable to give an opinion of Sen. Kamala Harris.

Tables 8 and 9 show favorable and unfavorable ratings for Pence and Harris this fall.

Table 8: Favorable or unfavorable view of Pence, September-October 2020

Poll dateNetFavorableUnfavorableHaven’t heard enoughDon’t know
8/30-9/3/20-73946123
9/30-10/4/20-14142125
10/21-25/20-1444573

Table 9: Favorable or unfavorable view of Harris, September-October 2020

Poll dateNetFavorableUnfavorableHaven’t heard enoughDon’t know
8/30-9/3/2013837204
9/30-10/4/20-33740194
10/21-25/2044541112

Trump job approval

As of late October, 47% approve and 52% disapprove of Trump’s job performance. That is a 3-point increase in approval and no change in disapproval since early October. The trend since March is shown in Table 10.

Table 10: Approve or disapprove of Trump’s handling of his job as president, March-October 2020

Poll dateApproveDisapproveDon’t know
3/24-29/2048493
5/3-7/2047493
6/14-18/2045513
8/4-9/2044542
8/30-9/3/2044542
9/30-10/4/2044522
10/21-25/2047521

Trump’s handling of the coronavirus pandemic

After an initial approval rating in March of over 50% for his handling of the coronavirus pandemic, Trump’s approval on this front has fallen to 40 percent in late October, a slight change since early October, with approval down 1 point and disapproval up 2 points. The full trend is shown in Table 11.

Table 11: Approve or disapprove of Trump’s handling of the coronavirus pandemic, March-October 2020

Poll dateApproveDisapproveDon’t know
3/24-29/2051462
5/3-7/2044513
6/14-18/2044523
8/4-9/2040582
8/30-9/3/2041562
9/30-10/4/2041563
10/21-25/2040582

Approval of Trump’s handling of protests

Table 12 shows approval since June of Trump’s handling of mass protests since the death of George Floyd in Minneapolis. Approval is 3 points higher than in early October, with no change in disapproval.

Table 12: Approve or disapprove of Trump’s handling of protests, June-October 2020

Poll dateApproveDisapproveDon’t know
6/14-18/20305811
8/4-9/2032589
8/30-9/3/2036548
9/30-10/4/2037548
10/21-25/2040546

Trump’s handling of the economy

Handling of the economy remains Trumps strongest area of approval, with 51% approval and 48% disapproval in the new poll, a 3-point increase in disapproval. The full trend since March is shown in Table 13.

Table 13: Approve or disapprove of Trump’s handling of the economy, March-October 2020

Poll dateApproveDisapproveDon’t know
3/24-29/2054414
5/3-7/2054404
6/14-18/2050463
8/4-9/2051463
8/30-9/3/2052442
9/30-10/4/2051454
10/21-25/2051481

Age group variation in this poll

In this poll, the 18-29-year-old sample is more Republican and more likely to vote for Trump than has typically been the case. This appears to be noisy sampling variation. The 18-29-year-old group is only 60 respondents (unweighted) which has a large margin of error of more than +/- 15 percentage points. Because vote by age has been an important topic, Tables 14 and 15 show the vote by age for this sample and compare it to vote by age for the last three polls combined, using likely voters. Given the consistency of Biden’s margin in multiple polls this year, it is likely that the 18-29-year-old result in October is a sampling anomaly rather than a real change. Because the group is small, this anomaly has little effect on the overall vote margin. If all age groups are weighted to match their long-term partisan composition, the overall vote margin changes by only 1 percentage point, to 48% Biden and 42% for Trump.

Table 14: Vote by age, October only

AgeJoe BidenDonald TrumpJo JorgensenNone/other (VOL)Don’t knowRefused
18-2948451105
30-4450394008
45-5946455112
60+48430108

Table 15: Vote by age, September-October combined

AgeJoe BidenDonald TrumpJo JorgensenNone/other (VOL)Don’t knowRefused
18-2954346014
30-4447415124
45-5944474123
60+48441115

Attitudes concerning COVID

In late October, 22% say they are very worried about becoming ill from the coronavirus, a decrease from 27% in early October despite the rise of cases in the state. Nineteen percent say they are not at all worried, virtually the same as the 21% in early October.

Table 16 shows how worries have varied since March, when the percent very or somewhat worried was at the highest level seen so far, while the number of those not at all concerned has stabilized close to 20 percent for some time.

Table 16: Taking into consideration both your risk of contracting it and the seriousness of the illness, how worried are you personally about experiencing coronavirus? March-October 2020

Poll dateVery worriedSomewhat worriedNot very worriedNot worried at allAlready had COVID-19 (VOL)Don’t know
3/24-29/203040181100
5/3-7/202535201900
6/14-18/201936212411
8/4-9/202736171910
8/30-9/3/202139191910
9/30-10/4/202734162120
10/21-25/202235201931

In the new October poll, 64% say they always wear a mask when in a public place, 20% say they do so most of the time, 12% do so only now and then and 3% say they never wear a mask when in public.

Fifty-two percent say they are comfortable eating inside at a restaurant, while 47% say they are uncomfortable doing so. In May, 42% were comfortable and 57% were uncomfortable, while in June 49% were comfortable and 49% were uncomfortable.

Looking back to the closing of schools and businesses last spring, 68% say this was an appropriate response to the coronavirus epidemic, while 26% say it was an overreaction. The full trend for this question is shown in Table 17.

Table 17: Do you think the decision last spring to close schools and businesses and to restrict the size of public gatherings was an appropriate response to the coronavirus outbreak or was it an overreaction that did more harm than good? March-October 2020

Poll dateAppropriate responseOverreactionDon’t know
3/24-29/2086103
5/3-7/2069264
6/14-18/2072253
10/21-25/2068265

Supreme Court nomination and upcoming Affordable Care Act case

On Monday, Oct. 26, the Senate confirmed the nomination of Amy Coney Barrett to fill the vacancy on the U.S. Supreme Court created by the death of Justice Ruth Bader Ginsburg. Forty-eight percent say, if they were in the Senate, they would vote to confirm Barrett, while 38% would vote against her confirmation. This is a sharply partisan issue, as shown in Table 18.

Table 18: Vote to confirm Barrett to the Supreme Court by party identification, October 2020

Party IDSupportOpposeDon’t know
Republican8758
Independent382833
Democrat107515

On Nov. 10, the Supreme Court is scheduled to hear oral arguments in cases that challenge the constitutionality of the Affordable Care Act, also known as the “ACA” or “Obamacare.” Thirty-five percent would favor the Court’s declaring the law unconstitutional, while 55% would oppose it doing so.

The partisan divide over the ACA is shown in Table 19.

Table 19: Favor or oppose the Supreme Court’s declaring the ACA unconstitutional, by party identification, October 2020

Party IDFavorOpposeDon’t know
Republican672012
Independent176914
Democrat6894

Views of protests, Black Lives Matter

Approval of protests over police violence against Black Americans declined from June to early August, prior to a police officer’s shooting Jacob Blake in Kenosha, but barely moved following the Kenosha shooting and protests, as shown in Table 20.

Table 20: Approval of protests against police shootings, June-October 2020

Poll datesApproveDisapproveDon’t know
6/14-18/2061362
8/4-9/2048483
8/30-9/3/2047484
9/30-10/4/2046494
10/21-25/2050454

Favorable views of the Black Lives Matter movement also declined from June to August, but has remained fairly stable since August, as shown in Table 21.

Table 21: Favorable or unfavorable view of Black Lives Matter movement, June-October 2020

Poll datesFavorableUnfavorableHaven’t heard enoughDon’t know
6/14-18/20592765
8/4-9/204937105
8/30-9/3/20493785
9/30-10/4/20464085
10/21-25/20473975

Approval of Evers’ job performance and handling of coronavirus

In the new late-October poll, 50% approve and 43% disapprove of Wisconsin Gov. Tony Evers’ job performance. In early October, 52% approved and 42% disapproved. The trend in overall approval of Evers since March is shown in Table 22.

Table 22: Gov. Evers job approval

Poll datesApproveDisapproveDon’t knowRefused
3/24-29/20652961
5/3-7/20593371
6/14-18/20543861
8/4-9/20573760
8/30-9/3/20514352
9/30-10/4/20524251
10/21-25/20504370

Evers’ handling of the coronavirus issue has 52% approval and 45% disapproval. This is a decline from three weeks ago, when 56% approved and 38% disapproved. The trend in approval and disapproval is shown in Table 23.

Table 23: Gov. Evers handling of coronavirus outbreak, approval

Poll datesApproveDisapproveDon’t knowRefused
3/24-29/20761771
5/3-7/20643241
6/14-18/20583741
8/4-9/20613540
8/30-9/3/20573841
9/30-10/4/20563851
10/21-25/20524530

Approval of how the Wisconsin legislature is handling its job

In October, 36% say they approve of the way the Wisconsin legislature is handling its job, while 50% say they disapprove. This is the first time since January 2019, when the legislature’s job approval was first asked, that more disapprove than approve. The full trend for this question is shown in Table 24.

Table 24: Wisconsin legislature’s job approval

Poll datesApproveDisapproveDon’t knowRefused
1/16-20/195231161
4/3-7/195038111
8/25-29/19523881
11/13-17/194839130
2/19-23/204640131
5/3-7/204640131
10/21-25/203650131

Views of the economy, past and future

Views of the direction of the economy have turned sharply down since February, with many more people saying the economy has gotten worse over the past year. However, respondents have a strongly positive outlook for the economy over the next 12 months. Tables 25 and 26 show the recent trends in these measures.

Table 25: Change in economy over past 12 months

Poll datesGotten betterGotten worseStayed the sameDon’t knowNet
1/8-12/20481733231
2/19-23/20471536232
3/24-29/20413125310
5/3-7/202846204-18
6/14-18/202750194-23
8/4-9/202256193-34
8/30-9/3/202551193-26
9/30-10/4/202553184-28
10/21-25/202454202-30

Table 26: Outlook for the economy over the next 12 months

Poll datesGet betterGet worseStay the sameDon’t knowNet
1/8-12/20332337610
2/19-23/20362137715
3/24-29/20443413810
5/3-7/20453116714
6/14-18/20501924631
8/4-9/204523211121
8/30-9/3/204818211330
9/30-10/4/204318251425
10/21-25/204513222033

Family financial situation

Table 27 shows the trend in family finances since January. In late October, the percentage living comfortably rose while the percentages just getting by or struggling declined.

Table 27: Family financial situation

Poll datesLiving comfortablyJust getting byStruggling
1/8-12/2063288
2/19-23/2062298
3/24-29/20593010
5/3-7/2061289
6/14-18/2061316
8/4-9/2063288
8/30-9/3/2060328
9/30-10/4/2060309
10/21-25/2067266

Views of state officials

Tables 28-30 present the recent favorability ratings of elected officials in Wisconsin and the percentage of respondents who haven’t heard enough about them or say they don’t know.

Table 28: Evers recent favorability trend

Poll datesFavorableUnfavorableHaven’t heard enoughDon’t know
1/8-12/204537143
2/19-23/204340124
3/24-29/205428116
5/3-7/20503675
6/14-18/20543772
8/4-9/20523594
8/30-9/3/20474192
9/30-10/4/20474093
10/21-25/20474382

Table 29: Sen. Tammy Baldwin recent favorability trend

Poll datesFavorableUnfavorableHaven’t heard enoughDon’t know
1/8-12/204440132
2/19-23/204340133
3/24-29/204039164
5/3-7/204537143
6/14-18/204038193
8/4-9/204336173
8/30-9/3/204235193
9/30-10/4/204135203
10/21-25/204436154

Table 30: Sen. Ron Johnson recent favorability trend

Poll datesFavorableUnfavorableHaven’t heard enoughDon’t know
1/8-12/203929283
2/19-23/203734245
3/24-29/203532294
5/3-7/203834235
6/14-18/203532293
8/4-9/203335274
8/30-9/3/203236285
9/30-10/4/203531277
10/21-25/203836233

About the Marquette Law School Poll

The Marquette Law School Poll is the most extensive statewide polling project in Wisconsin history. This poll interviewed 806 registered Wisconsin voters by landline or cell phone, Oct. 21-25, 2020. The margin of error is +/-4.3 percentage points for the full sample. There are 749 likely voters, with a margin of error of +/- 4.4 percentage points.

The partisan makeup of the sample, including those who lean to a party, is 45% Republican, 44% Democratic and 9% independent. The partisan makeup of the sample, excluding those who lean to a party, is 30% Republican, 29% Democratic and 40% percent independent.

Since January 2017, the long-term partisan balance, including those who lean to a party, in the Marquette poll has been 45% Republican and 45% Democratic, with 9% independent. Partisanship excluding those who lean has been 30% Republican and 29% Democratic, with 40% independent.

The entire questionnaire, methodology statement, full results and breakdowns by demographic groups are available at law.marquette.edu/poll/results-and-data.