Marquette Law School Supreme Court Poll November 15-22, 2022

Court items only

(Percentages are rounded to whole numbers for reporting of results. Frequencies have been rounded to whole numbers but percentages are calculated based on non-integer weighted sample sizes.)

Results for survey items among all respondents are presented here (unless otherwise indicated). Please note that some questions are only asked of particular groups of respondents. In these instances, the row “NA’s” includes the number and percent of total respondents omitted from the question. These omitted cases are ignored when calculating the “Valid” and “Cumulative” percent columns.

B2: Supreme Court approval

Overall, how much do you approve or disapprove of the way the US Supreme Court is handling its job?
Frequency Percent Valid Percent Cumulative Percent
Strongly approve 85 8 8 8
Somewhat approve 359 36 36 44
Somewhat disapprove 332 33 33 77
Strongly disapprove 226 23 23 100
Skipped/Ref 2 0 0 100

B2: Supreme Court approval, 2-cat

Overall, how much do you approve or disapprove of the way the US Supreme Court is handling its job?
Frequency Percent Valid Percent Cumulative Percent
Approve 444 44 44 44
Disapprove 558 56 56 100
Skipped/Ref 2 0 0 100

C1: Confidence in SCOTUS

[The US Supreme Court] Here is a list of institutions in American society. How much confidence do you have in each one?
Frequency Percent Valid Percent Cumulative Percent
A great deal 80 8 8 8
Quite a lot 220 22 22 30
Some 365 36 36 66
Very little 236 23 23 90
None at all 102 10 10 100

C4: Confidence in State Supreme Court

[Your state Supreme Court or highest court in your state] Here is a list of institutions in American society. How much confidence do you have in each one?
Frequency Percent Valid Percent Cumulative Percent
A great deal 88 9 9 9
Quite a lot 271 27 27 36
Some 406 40 40 76
Very little 171 17 17 93
None at all 68 7 7 100

C8: Justice nomination majority

What is your guess as to whether a majority of the current US Supreme Court Justices were appointed by Democratic or Republican presidents?
Frequency Percent Valid Percent Cumulative Percent
Definitely a majority appointed by Democratic presidents 40 4 4 4
Probably a majority appointed by Democratic presidents 202 20 20 24
Probably a majority appointed by Republican presidents 402 40 40 64
Definitely a majority appointed by Republican presidents 356 35 35 100
Skipped/Ref 4 0 0 100

C11: Heard about 2nd Amendment case

[A Supreme Court decision on the right to possess a gun outside the home] Here are some recent topics in the news. How much have you heard or read about each of these?
Frequency Percent Valid Percent Cumulative Percent
A lot 252 25 25 25
A little 472 47 47 72
Nothing at all 279 28 28 100
Skipped/Ref 1 0 0 100

C12: Heard about affirmative action case

[A Supreme Court case concerning the use of race in college admissions] Here are some recent topics in the news. How much have you heard or read about each of these?
Frequency Percent Valid Percent Cumulative Percent
A lot 204 20 20 20
A little 455 45 45 66
Nothing at all 343 34 34 100
Skipped/Ref 2 0 0 100

C13: Heard about Dobbs

[A Supreme Court decision on abortion] Here are some recent topics in the news. How much have you heard or read about each of these?
Frequency Percent Valid Percent Cumulative Percent
A lot 767 76 76 76
A little 203 20 20 97
Nothing at all 32 3 3 100
Skipped/Ref 1 0 0 100

D1: SCOTUS ideology

[The US Supreme Court] In general, would you describe each of the following as…?
Frequency Percent Valid Percent Cumulative Percent
Very conservative 247 25 25 25
Somewhat conservative 363 36 36 61
Moderate 318 32 32 92
Somewhat liberal 56 6 6 98
Very liberal 19 2 2 100
Skipped/Ref 1 0 0 100

D6: Should Court consider opinion

Should justices of the Supreme Court consider public opinion about a case when making decisions or should they ignore public opinion?
Frequency Percent Valid Percent Cumulative Percent
Should consider public opinion 611 61 61 61
Should ignore public opinion 390 39 39 100
Skipped/Ref 3 0 0 100

D7: Increase # of justices

[Increase the number of justices on the US Supreme Court] How much do you favor or oppose the following proposals affecting the Supreme Court?
Frequency Percent Valid Percent Cumulative Percent
Strongly favor 129 13 13 13
Somewhat favor 346 34 34 47
Somewhat oppose 249 25 25 72
Strongly oppose 279 28 28 100
Skipped/Ref 2 0 0 100

H1: Affirmative action

[Rule that colleges cannot use race as one of several factors in deciding which applicants to admit.] Do you favor or oppose the following possible future Supreme Court decisions, or haven’t you heard enough about this to have an opinion?
Frequency Percent Valid Percent Cumulative Percent
Heard nothing at all 184 18 18 18
Heard of but not enough for an opinion 242 24 24 42
Favor 414 41 41 84
Oppose 162 16 16 100
Skipped/Ref 2 0 0 100

H1: (those with opinions only)

[THOSE WITH OPINIONS ONLY] [Rule that colleges cannot use race as one of several factors in deciding which applicants to admit.] Do you favor or oppose the following possible future Supreme Court decisions, or haven’t you heard enough about this to have an opinion?
Frequency Percent Valid Percent Cumulative Percent
Favor 414 41 72 72
Oppose 162 16 28 100
(Missing) 428 43 NA NA

H2: LGBTQ discrimination

[Decide that a business owner’s religious beliefs or free speech rights can justify refusing some services to gay people.] Do you favor or oppose the following possible future Supreme Court decisions, or haven’t you heard enough about this to have an opinion?
Frequency Percent Valid Percent Cumulative Percent
Heard nothing at all 200 20 20 20
Heard of but not enough for an opinion 148 15 15 35
Heard of and favor the decision 254 25 25 60
Heard of and oppose the decision 400 40 40 100
Skipped/Ref 2 0 0 100

H2: (those with opinions only)

[THOSE WITH OPINIONS ONLY] [Decide that a business owner’s religious beliefs or free speech rights can justify refusing some services to gay people.] Do you favor or oppose the following possible future Supreme Court decisions, or haven’t you heard enough about this to have an opinion?
Frequency Percent Valid Percent Cumulative Percent
Heard of and favor the decision 254 25 39 39
Heard of and oppose the decision 400 40 61 100
(Missing) 350 35 NA NA

H3: Independent legislature theory

[Rule that under the Constitution, the state legislatures have the power to regulate federal elections and are not subject to review by state courts.] Do you favor or oppose the following possible future Supreme Court decisions, or haven’t you heard enough about this to have an opinion?
Frequency Percent Valid Percent Cumulative Percent
Heard nothing at all 423 42 42 42
Heard of but not enough for an opinion 283 28 28 70
Heard of and favor the decision 75 7 7 78
Heard of and oppose the decision 220 22 22 100
Skipped/Ref 2 0 0 100

H3: (those with opinions only)

[THOSE WITH OPINIONS ONLY] [Rule that under the Constitution, the state legislatures have the power to regulate federal elections and are not subject to review by state courts.] Do you favor or oppose the following possible future Supreme Court decisions, or haven’t you heard enough about this to have an opinion?
Frequency Percent Valid Percent Cumulative Percent
Heard of and favor the decision 75 7 25 25
Heard of and oppose the decision 220 22 75 100
(Missing) 709 71 NA NA

J1: Overturn Roe

[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?
Frequency Percent Valid Percent Cumulative Percent
Strongly favor 201 20 20 20
Somewhat favor 134 13 13 33
Somewhat oppose 143 14 14 48
Strongly oppose 522 52 52 100
Skipped/Ref 3 0 0 100

J2: Expand 2nd Amendment

[In 2022 the Supreme Court ruled that the 2nd Amendment right to “keep and bear arms” protects the right to carry a gun outside the home.] How much do you favor or oppose this decision?
Frequency Percent Valid Percent Cumulative Percent
Strongly favor 366 36 36 36
Somewhat favor 279 28 28 64
Somewhat oppose 192 19 19 83
Strongly oppose 165 16 16 100
Skipped/Ref 1 0 0 100

J3: Allow gerrymandering

[In 2019 the Supreme Court ruled that federal courts had no role to play in adjudicating challenges to partisan gerrymandering, leaving this to state courts.] How much do you favor or oppose this decision?
Frequency Percent Valid Percent Cumulative Percent
Strongly favor 104 10 10 10
Somewhat favor 418 42 42 52
Somewhat oppose 341 34 34 86
Strongly oppose 132 13 13 99
Skipped/Ref 9 1 1 100

J4: Protect same-sex marriage

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?
Frequency Percent Valid Percent Cumulative Percent
Strongly favor 505 50 50 50
Somewhat favor 217 22 22 72
Somewhat oppose 114 11 11 83
Strongly oppose 166 17 17 100
Skipped/Ref 3 0 0 100

J5: LGBT workplace protections

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?
Frequency Percent Valid Percent Cumulative Percent
Strongly favor 588 59 59 59
Somewhat favor 244 24 24 83
Somewhat oppose 118 12 12 95
Strongly oppose 52 5 5 100
Skipped/Ref 2 0 0 100

K1: Abortion legality

Do you think abortion should be legal in all cases, legal in most cases, illegal in most cases, or illegal in all cases?
Frequency Percent Valid Percent Cumulative Percent
Legal in all cases 296 29 29 29
Legal in most cases 364 36 36 66
Illegal in most cases 257 26 26 91
Illegal in all cases 87 9 9 100
Skipped/Ref 1 0 0 100

K2: Dobbs author

Which justice wrote the Supreme Court’s opinion in the Dobbs case, this past June, overturning the 1973 ruling in Roe v. Wade that had made abortion legal in all 50 states?
Frequency Percent Valid Percent Cumulative Percent
Samuel Alito 252 25 25 25
Amy Coney Barrett 88 9 9 34
Stephen Breyer 59 6 6 40
Neil Gorsuch 48 5 5 45
Elena Kagan 20 2 2 47
Brett Kavanaugh 111 11 11 58
John Roberts 119 12 12 69
Sonia Sotomayor 49 5 5 74
Clarence Thomas 251 25 25 99
Skipped/Ref 6 1 1 100

INT1: internet use

Do you use the internet or email, at least occasionally?
Frequency Percent Valid Percent Cumulative Percent
Yes 1004 100 100 100

Z1: Party ID

Generally speaking, do you usually think of yourself as a Republican, a Democrat, or an Independent?
Frequency Percent Valid Percent Cumulative Percent
Republican 272 27 27 27
Democrat 317 32 32 59
Independent 259 26 26 85
Other/No preference 153 15 15 100
Skipped/Ref 2 0 0 100

Z2A: Party ID strenth

Would you call yourself a strong [Republican/Democrat] or a not very strong [Republican/Democrat]?
Frequency Percent Valid Percent Cumulative Percent
Strong 360 36 61 61
Not very strong 229 23 39 100
(Missing) 415 41 NA NA

Z2B: Party ID lean

Do you think of yourself as closer to the Republican Party or to the Democratic Party?
Frequency Percent Valid Percent Cumulative Percent
Republican 111 11 27 27
Democratic 145 14 35 62
Neither 157 16 38 100
(Missing) 591 59 NA NA

Z3: religious service attendance

Aside from weddings and funerals, how often do you attend religious services?
Frequency Percent Valid Percent Cumulative Percent
More than once a week 86 9 9 9
Once a week 137 14 14 22
Once or twice a month 74 7 7 30
A few times a year 158 16 16 45
Seldom 245 24 24 70
Never 305 30 30 100

Z4: born-again or evangelical

Would you describe yourself as a "born-again" or evangelical Christian, or not?
Frequency Percent Valid Percent Cumulative Percent
Yes, would 273 27 27 27
No, would not 731 73 73 100

Z5: political ideology

Generally speaking, how would you describe your political views?
Frequency Percent Valid Percent Cumulative Percent
Very conservative 117 12 12 12
Somewhat conservative 231 23 23 35
Moderate 380 38 38 72
Somewhat liberal 160 16 16 88
Very liberal 115 11 11 100
Skipped/Ref 2 0 0 100

Z6: talk to neighbors

During the last 12 months, how often did you talk with any of your neighbors?
Frequency Percent Valid Percent Cumulative Percent
Basically, every day 86 9 9 9
A few times a week 265 26 26 35
A few times a month 274 27 27 62
Once a month 110 11 11 73
Less than once a month 167 17 17 90
Not at all 103 10 10 100

Z7: volunteering

We are interested in volunteer activities for which people are not paid, except perhaps expenses.  In the last 12 months, have you done any volunteer activities through or for an organization?
Frequency Percent Valid Percent Cumulative Percent
Yes 273 27 27 27
No 730 73 73 100
Skipped/Ref 1 0 0 100

party ID, 5-cat

Party ID with leaners separate
Frequency Percent Valid Percent Cumulative Percent
Republican 272 27 27 27
Lean Republican 111 11 11 38
Independent 157 16 16 54
Lean Democrat 145 14 14 68
Democrat 317 32 32 100
Refused 2 0 0 100

party ID, leaners as partisans

Party ID with leaners included
Frequency Percent Valid Percent Cumulative Percent
Republican 383 38 38 38
Independent 157 16 16 54
Democrat 462 46 46 100
Refused 2 0 0 100

gender

sex
Frequency Percent Valid Percent Cumulative Percent
Male 474 47 47 47
Female 505 50 50 98
Another gender 8 1 1 98
Skipped/Ref 17 2 2 100

age

age, 4 categories
Frequency Percent Valid Percent Cumulative Percent
18-29 230 23 23 23
30-44 230 23 23 46
45-59 236 23 23 69
60+ 308 31 31 100

education

education - 5 categories
Frequency Percent Valid Percent Cumulative Percent
Less than HS 96 10 10 10
HS graduate 284 28 28 38
Vocational/tech school/some college/ associates 270 27 27 65
Bachelor's degree 170 17 17 82
Post grad study/professional degree 182 18 18 100
(Missing) 2 0 NA NA

income

income recode
Frequency Percent Valid Percent Cumulative Percent
Less than $30k 274 27 27 27
$30k to less than $50k 199 20 20 47
$50k to less than $75k 181 18 18 65
$75k to less than $100k 139 14 14 79
$100k or more 206 21 21 100
DK/NA/Ref 5 0 0 100

marital status

marital status
Frequency Percent Valid Percent Cumulative Percent
Married 446 44 44 44
Widowed 37 4 4 48
Divorced 121 12 12 60
Separated 30 3 3 63
Single, never married 276 27 27 91
Single, cohabitating 94 9 9 100
Skipped/Ref 1 0 0 100

race/ethnicity

race and hispanic origin
Frequency Percent Valid Percent Cumulative Percent
White 605 60 60 60
Black 119 12 12 72
Hispanic 167 17 17 89
Other/Multiple 86 9 9 97
Skipped/Ref 27 3 3 100

religious affiliation

religious identification
Frequency Percent Valid Percent Cumulative Percent
Born-again Protestant 193 19 19 19
Mainline Protestant 138 14 14 33
Roman Catholic 198 20 20 53
No religion 310 31 31 84
Other religion 163 16 16 100
Skipped/Ref 1 0 0 100