Marquette Law School Supreme Court Poll January 9-20, 2023

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	72	7	7	7
Somewhat approve	398	40	40	47
Somewhat disapprove	328	33	33	80
Strongly disapprove	199	20	20	100
Skipped/Ref	3	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	470	47	47	47
Disapprove	527	53	53	100
Skipped/Ref	3	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	79	8	8	8
Quite a lot	231	23	23	31
Some	378	38	38	69
Very little	226	23	23	91
None at all	86	9	9	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	68	7	7	7
Quite a lot	240	24	24	31
Some	442	44	44	75
Very little	183	18	18	93
None at all	66	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	42	4	4	4
Probably a majority appointed by Democratic presidents	183	18	18	23
Probably a majority appointed by Republican presidents	411	41	41	64
Definitely a majority appointed by Republican presidents	359	36	36	99
Skipped/Ref	5	1	1	100

C9: Justice motivations

In general, what most often motivates Supreme Court justices’ decisions?
	Frequency	Percent	Valid Percent	Cumulative Percent
Mainly politics	487	49	49	49
Mainly the law	513	51	51	100

C10: consider public 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	555	56	56	56
Should ignore public opinion	444	44	44	100
Skipped/Ref	1	0	0	100

C11: consider precedent

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?
	Frequency	Percent	Valid Percent	Cumulative Percent
Follow previous decisions	281	28	28	28
Overturn if a majority think it was wrongly decided	718	72	72	100
Skipped/Ref	1	0	0	100

C15: 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	170	17	17	17
A little	470	47	47	64
Nothing at all	360	36	36	100

C16: Heard about independent legislature case

[A Supreme Court case concerning the powers of state legislatures to set the rules for federal elections for congress and president] 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	160	16	16	16
A little	460	46	46	62
Nothing at all	380	38	38	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	221	22	22	22
Somewhat conservative	367	37	37	59
Moderate	308	31	31	90
Somewhat liberal	80	8	8	98
Very liberal	19	2	2	99
Skipped/Ref	5	1	1	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	199	20	20	20
Heard of but not enough for an opinion	290	29	29	49
Favor	349	35	35	84
Oppose	162	16	16	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	349	35	68	68
Oppose	162	16	32	100
(Missing)	490	49	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	212	21	21	21
Heard of but not enough for an opinion	213	21	21	43
Heard of and favor the decision	245	24	24	67
Heard of and oppose the decision	328	33	33	100
Skipped/Ref	1	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	245	24	43	43
Heard of and oppose the decision	328	33	57	100
(Missing)	427	43	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	354	35	35	35
Heard of but not enough for an opinion	336	34	34	69
Heard of and favor the decision	87	9	9	78
Heard of and oppose the decision	224	22	22	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	87	9	28	28
Heard of and oppose the decision	224	22	72	100
(Missing)	690	69	NA	NA

J1: Expanded rights - LGBT

[Lesbian, gay, bisexual and transgender (LGBT) people] Over the past 15 years or so would you say the Supreme Court has generally expanded or reduced the rights protected for each of these groups or has it not changed much either way?
	Frequency	Percent	Valid Percent	Cumulative Percent
Expanded rights	636	64	64	64
Reduced rights	169	17	17	81
Has not changed much either way	193	19	19	100
Skipped/Ref	1	0	0	100

J2: Expanded rights - religious people/orgs

[Religious people and organizations] Over the past 15 years or so would you say the Supreme Court has generally expanded or reduced the rights protected for each of these groups or has it not changed much either way?
	Frequency	Percent	Valid Percent	Cumulative Percent
Expanded rights	329	33	33	33
Reduced rights	256	26	26	58
Has not changed much either way	415	42	42	100

J3: Expanded rights - gun owners

[Gun owners] Over the past 15 years or so would you say the Supreme Court has generally expanded or reduced the rights protected for each of these groups or has it not changed much either way?
	Frequency	Percent	Valid Percent	Cumulative Percent
Expanded rights	356	36	36	36
Reduced rights	294	29	29	65
Has not changed much either way	347	35	35	100
Skipped/Ref	3	0	0	100

J4: Expanded rights - abortion seekers

[Those seeking an abortion] Over the past 15 years or so would you say the Supreme Court has generally expanded or reduced the rights protected for each of these groups or has it not changed much either way?
	Frequency	Percent	Valid Percent	Cumulative Percent
Expanded rights	106	11	11	11
Reduced rights	716	72	72	82
Has not changed much either way	174	17	17	100
Skipped/Ref	4	0	0	100

J5: Expanded rights - minority voting rights

[Voting rights of racial or ethnic minorities] Over the past 15 years or so would you say the Supreme Court has generally expanded or reduced the rights protected for each of these groups or has it not changed much either way?
	Frequency	Percent	Valid Percent	Cumulative Percent
Expanded rights	295	29	29	29
Reduced rights	259	26	26	55
Has not changed much either way	441	44	44	100
Skipped/Ref	4	0	0	100

J6: Expanded rights - campaign donors

[Contributors to political campaigns] Over the past 15 years or so would you say the Supreme Court has generally expanded or reduced the rights protected for each of these groups or has it not changed much either way?
	Frequency	Percent	Valid Percent	Cumulative Percent
Expanded rights	401	40	40	40
Reduced rights	139	14	14	54
Has not changed much either way	456	46	46	100
Skipped/Ref	4	0	0	100

J7: overturned 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	185	18	18	18
Somewhat favor	166	17	17	35
Somewhat oppose	156	16	16	51
Strongly oppose	484	48	48	99
Skipped/Ref	9	1	1	100

J8: 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	427	43	43	43
Somewhat favor	238	24	24	67
Somewhat oppose	120	12	12	79
Strongly oppose	209	21	21	100
Skipped/Ref	5	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	259	26	26	26
Legal in most cases	377	38	38	64
Illegal in most cases	282	28	28	92
Illegal in all cases	82	8	8	100
Skipped/Ref	1	0	0	100

INT1: internet use

Do you use the internet or email, at least occasionally?
	Frequency	Percent	Valid Percent	Cumulative Percent
Yes	1000	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	296	30	30	30
Democrat	302	30	30	60
Independent	257	26	26	86
Other/No preference	143	14	14	100
Skipped/Ref	1	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	365	36	61	61
Not very strong	233	23	39	100
(Missing)	402	40	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	105	11	26	26
Democratic	123	12	31	57
Neither	172	17	43	100
Skipped/Ref	0	0	0	100
(Missing)	599	60	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	71	7	7	7
Once a week	184	18	18	25
Once or twice a month	88	9	9	34
A few times a year	128	13	13	47
Seldom	221	22	22	69
Never	308	31	31	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	271	27	27	27
No, would not	729	73	73	100

Z5: political ideology

Generally speaking, how would you describe your political views?
	Frequency	Percent	Valid Percent	Cumulative Percent
Very conservative	123	12	12	12
Somewhat conservative	226	23	23	35
Moderate	366	37	37	71
Somewhat liberal	157	16	16	87
Very liberal	120	12	12	99
Skipped/Ref	8	1	1	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	70	7	7	7
A few times a week	256	26	26	33
A few times a month	300	30	30	63
Once a month	90	9	9	72
Less than once a month	179	18	18	89
Not at all	105	11	11	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	294	29	29	29
No	706	71	71	100

party ID, 5-cat

Party ID with leaners separate
	Frequency	Percent	Valid Percent	Cumulative Percent
Republican	296	30	30	30
Lean Republican	105	11	11	40
Independent	172	17	17	57
Lean Democrat	123	12	12	70
Democrat	302	30	30	100
Refused	1	0	0	100

party ID, leaners as partisans

Party ID with leaners included
	Frequency	Percent	Valid Percent	Cumulative Percent
Republican	401	40	40	40
Independent	172	17	17	57
Democrat	426	43	43	100
Refused	1	0	0	100

gender

sex
	Frequency	Percent	Valid Percent	Cumulative Percent
Male	473	47	47	47
Female	510	51	51	98
Another gender	14	1	1	100
Skipped/Ref	2	0	0	100

age

age, 4 categories
	Frequency	Percent	Valid Percent	Cumulative Percent
18-29	180	18	18	18
30-44	257	26	26	44
45-59	236	24	24	67
60+	326	33	33	100

education

education - 5 categories
	Frequency	Percent	Valid Percent	Cumulative Percent
Less than HS	86	9	9	9
HS graduate	296	30	30	38
Vocational/tech school/some college/ associates	269	27	27	65
Bachelor's degree	165	17	17	82
Post grad study/professional degree	181	18	18	100
(Missing)	2	0	NA	NA

income

income recode
	Frequency	Percent	Valid Percent	Cumulative Percent
Less than $30k	261	26	26	26
$30k to less than $50k	153	15	15	41
$50k to less than $75k	177	18	18	59
$75k to less than $100k	131	13	13	72
$100k or more	275	27	27	100
DK/NA/Ref	3	0	0	100

marital status

marital status
	Frequency	Percent	Valid Percent	Cumulative Percent
Married	488	49	49	49
Widowed	32	3	3	52
Divorced	101	10	10	62
Separated	29	3	3	65
Single, never married	222	22	22	87
Single, cohabitating	128	13	13	100
Skipped/Ref	0	0	0	100

race/ethnicity

race and hispanic origin
	Frequency	Percent	Valid Percent	Cumulative Percent
White	609	61	61	61
Black	114	11	11	72
Hispanic	174	17	17	90
Other/Multiple	87	9	9	98
Skipped/Ref	16	2	2	100

religious affiliation

religious identification
	Frequency	Percent	Valid Percent	Cumulative Percent
Born-again Protestant	191	19	19	19
Mainline Protestant	114	11	11	31
Roman Catholic	214	21	21	52
No religion	311	31	31	83
Other religion	163	16	16	99
Skipped/Ref	6	1	1	100