Topline
The share of Americans who have favorable views of the U.S. Supreme Court declined to 54% in January from 69% in August 2019, according to a new survey by Pew Research Center, with the sharpest decline in approval among Democrats, who increasingly see the court as conservative and believe it has too much power.
Key Facts
Forty-six percent of Democrats and Democratic-leaning independents and 36% of liberal Democrats surveyed had a favorable view of the court, compared to 65% of Republicans and Republican-leaning independents and 67% of conservative Republicans.
In August 2020, a month before the death of Justice Ruth Bader Ginsburg and two months before the appointment of Justice Amy Coney Barrett, just 30% of Americans Pew surveyed viewed the court as conservative, compared to 38% this January.
Fifty-seven percent of Democrats and Democratic-leaning independents said the court was conservative, 37% saw it as “middle of the road” and 4% see it as liberal, while 18% of Republicans and Republican-leaning independents said it was conservative, 62% saw it as “middle of the road” and 17%, liberal.
Respondents who followed recent Supreme Court cases were much more likely to see the court as conservative, with 64% of people who heard “a lot” about recent cases describing the court as conservative, compared to 21% of people who heard “nothing at all” about recent cases.
Since August 2020, the proportion of Democrats and Democratic-leaning independents that Pew surveyed who believe the court has too much power has grown from 23% to 40%, while the proportion of Republicans and Republican-leaning independents who believe the court has too much power has fallen from 27% to 18%.
Pew surveyed 5,128 respondents from January 10-17.
Key Background
When left-leaning Justice Stephen Breyer announced his retirement Thursday, President Joe Biden said he would take the opportunity to make good on his campaign promise to nominate the first Black woman to the court. Response to Biden’s decision has divided along party lines, with 82% of Democrats and 19% of Republicans approving, according to a Morning Consult poll conducted January 28-30. Biden said he plans to announce a nominee by the end of February, and Senate Majority Leader Chuck Schumer (D-N.Y.) said the chamber plans to move quickly to confirm. Legislators and activists, including the “Breyer Retire” campaign, had urged Breyer to vacate his seat by the end of the current Supreme Court term around the end of June so Biden could appoint a nominee before Democrats potentially lose control of the Senate in the midterm elections. Biden and the Senate will have until the beginning of the court’s next term October 3 to confirm Breyer’s replacement.
Contra
Pew found bipartisan agreement on some issues—84% of U.S. adults believe Supreme Court justices should not let their political views influence how they decide cases, something only 16% of people believe the justices have done a good or excellent job of accomplishing.
Further Reading
“Potential Supreme Court Nominees Shine Light On The Importance Of Mentors” (Forbes)
