Supreme Court Should Listen To The People, Americans Tell Quinnipiac University Poll; 2-1 Are Opposed To Race-Based College Admissions

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The U.S. Supreme Court should listen to the people, 76 percent of Americans say in a Quinnipiac University poll released today. But most Americans say the Court turns a deaf ear to public opinion.

The views of the majority of Americans should influence Supreme Court decisions "a great deal," 38 percent of Americans say, while 38 percent say the majority should have "some influence;" 10 percent say "only a little," and 12 percent say "none at all," the independent Quinnipiac (KWIN-uh-pe-ack) University poll finds.

The view of the majority has "a great deal" of influence, 6 percent say; 29 percent say it has "some" influence; 41 percent say "only a little," and 21 percent say "none."

Looking at one of the most controversial issues before the Court, Americans oppose 67 - 28 percent using race as a factor in public university admissions.

"When looking at the influence of public opinion, many people see the Supreme Court as just one more branch of government telling them what to do or not to do. The fact that judicial decisions are made and justified in a very different way from political decisions is not well-recognized by the general public. The highly political nature of some recent decisions, such as Bush v. Gore, allows people to view the Court as a political institution," said Professor William V. Dunlap of the Quinnipiac University School of Law.

"To some extent the Court does, and should, consider public opinion. When deciding whether some asserted right - such as choosing to have an abortion - is a fundamental right entitled to special constitutional protection, the court may take public views into consideration. The 1986 case upholding Georgia's anti-sodomy statute was based in part on the 'presumed belief of a majority of the electorate of Georgia that homosexual sodomy is immoral and unacceptable,'" Professor Dunlap added.

Americans' opinions on other issues which are or could come before the Court are:
  • Oppose 51 - 38 percent racial preferences in general;
  • Favor the death penalty 64 - 29 percent when the choice is "favor or oppose;"
  • Support drops to 47 - 46 percent, a statistical tie, when the choice is the death penalty or life without parole.
"Many Americans are concerned about the morality or the effectiveness of the death penalty, but want some extremely high penalty for the most heinous murders. When life without parole is an option, support for the death penalty drops 25 points. The difficulty in the real world is convincing people that there really never will be parole," Professor Dunlap said.

By a 30 - 9 percent margin, Americans have a favorable opinion of Chief Justice William Rehnquist, with 14 percent mixed and 46 percent who do not know enough to form an opinion. Favorability ratings of associate justices are: 
                     Favorable    Unfavorable    Mixed    No Opinion
Sandra Day O'Connor     35%           7%          14%         43%
Clarence Thomas         30           16           14          39


Among the other associate justices, the "no opinion" ranged from 58 to 75 percent.

"It is not surprising that so few people recognize the individual Supreme Court justices. The Court functions as an institution (or sometimes, it seems, two opposing factions within an institution). Its members' personalities take a back seat to the Court itself, unlike political leaders such as the President or U.S. Senators," Dunlap said.

"Sandra Day O'Connor is recognizable because she is the first woman appointed to the Supreme Court and because she often is identified in news stories as the deciding vote on close and contentious issues such as abortion and affirmative action.

"Clarence Thomas became more famous than most Supreme Court nominees when Anita Hill leveled charges of sexual harassment against him during his confirmation hearings. Memories of that, combined with his position as a black justice opposed to many forms of affirmative action, have kept him in the public eye," Dunlap added.

Americans approve 56 - 28 percent of the job the Supreme Court is doing. And 60 percent say the Court has the right amount of power. While 19 percent say the court is too liberal, 26 percent say it is too conservative and 46 percent say it is about right.

The Supreme Court should consider changing times and situations in making decisions, 54 percent say, while 39 percent of Americans want justices to consider only the original intentions of the authors of the Constitution.

Looking at how Americans view recent or well-known Court decisions:
  • Agree 66 - 29 percent with the ban on the death penalty for the mentally retarded;
  • Agree 52 - 45 percent with the decision in favor of George W. Bush over Al Gore;
  • Disagree 57 - 38 with allowing states to make homosexual activity illegal;
  • Agree 62 - 35 percent with Roe v. Wade.
Abortion should be legal in all cases, 22 percent of Americans say; 32 percent say it should be legal in most cases; 24 percent say it should be illegal in most cases and 18 percent say all abortions should be illegal.

If and when President Bush nominates a Supreme Court justice, 24 percent of Americans say it is "very important" that the nominee be black, while 31 percent say it is "somewhat important;" 15 percent say it is "not too important," and 29 percent say it is "not important at all."

It is "very important" that the nominee be a woman, 26 percent say, while 29 percent say it is "somewhat important;" 14 percent say it is "not too important," and 29 percent say it is "not important at all."

"The racial breakdown on the question of a black justice is not surprising. What is interesting is that 46 percent of blacks and only 21 percent of whites say it is "very important to have a woman nominee," Dunlap said.

It is "very important" that the nominee be Hispanic, 23 percent say, while 29 percent say it is "somewhat important;" 16 percent say it is "not too important," and 29 percent say it is "not important at all."

From February 26 - March 3, Quinnipiac University surveyed 1,448 adults nationwide, with a margin of error of +/- 2.6 percent.

The Quinnipiac University Poll, directed by Douglas Schwartz, Ph.D., conducts public opinion surveys as a public service and for research.

Complete poll questions and responses, including party, gender and racial information, are available at www.quinnipiac.edu or call (203) 582-5201


3. Do you approve or disapprove of the way the United States Supreme Court is handling its job? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Approve                 56%   70%   46%   54%   56%   55%   58%   49%   56%
Disapprove              28    17    35    30    30    25    25    35    32
DK/NA                   17    13    19    15    14    19    17    16    12
11. Is your opinion of Supreme Court Chief Justice William Rehnquist favorable, unfavorable, mixed, or haven't you heard enough about him? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               30%   42%   23%   28%   34%   25%   33%   23%   20%
Unfavorable              9     5    11    10     9     9     8     8    10
Mixed                   14    13    15    14    12    16    14    17    13
Hvn't hrd enough        46    39    49    48    43    49    43    51    57
REFUSED                  1     2     2     -     1     1     2     -     -
12. Is your opinion of Supreme Court Justice John Paul Stevens favorable, unfavorable, mixed, or haven't you heard enough about him? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               12%   11%   12%   14%   15%    9%   11%   11%   19%
Unfavorable              3     4     3     4     4     3     3     6     3
Mixed                    9    10     9     9    11     8     9    13     5
Hvn't hrd enough        74    74    75    74    70    79    76    70    73
REFUSED                  1     1     1     -     1     1     1     -     -
13. Is your opinion of Supreme Court Justice Sandra Day O'Connor favorable, unfavorable, mixed, or haven't you heard enough about her? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               35%   38%   36%   34%   36%   34%   37%   38%   22%
Unfavorable              7     7     5     8     9     5     8     5     1
Mixed                   14    16    14    12    13    16    15    13    10
Hvn't hrd enough        43    37    43    45    42    44    39    45    66
REFUSED                  1     1     2     -     1     1     1     -     -
14. Is your opinion of Supreme Court Justice Antonin Scalia favorable, unfavorable, mixed, or haven't you heard enough about him? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               19%   29%   12%   17%   24%   14%   19%   15%   18%
Unfavorable              8     3    12     9    10     7     8    11     9
Mixed                   10     9    12    10    11    10    10    17     6
Hvn't hrd enough        62    58    62    64    55    68    62    58    67
REFUSED                  1     1     2     -     1     1     2     -     -
15. Is your opinion of Supreme Court Justice Anthony Kennedy favorable, unfavorable, mixed, or haven't you heard enough about him? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               15%   13%   16%   18%   19%   12%   14%   20%   15%
Unfavorable              6     7     6     5     6     5     6     4     5
Mixed                   11    10    10    11    10    11    10    15     7
Hvn't hrd enough        67    68    66    66    63    70    68    60    72
REFUSED                  1     2     2     -     2     1     2     1     -
16. Is your opinion of Supreme Court Justice David Souter favorable, unfavorable, mixed, or haven't you heard enough about him? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               15%   17%   13%   15%   19%   10%   15%   11%   15%
Unfavorable              6     5     7     6     6     6     5    12     6
Mixed                   10    11     8    10    11     8    10    14     3
Hvn't hrd enough        68    64    71    68    62    74    68    62    77
REFUSED                  1     2     2     1     1     1     2     1     -
17. Is your opinion of Supreme Court Justice Clarence Thomas favorable, unfavorable, mixed, or haven't you heard enough about him? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               30%   46%   21%   27%   35%   25%   32%   26%   22%
Unfavorable             16     6    28    15    14    19    16    26    13
Mixed                   14    12    12    17    13    14    14    17     9
Hvn't hrd enough        39    35    37    40    36    41    36    31    56
REFUSED                  1     1     2     -     1     1     2     1     -
18. Is your opinion of Supreme Court Justice Ruth Bader Ginsburg favorable, unfavorable, mixed, or haven't you heard enough about her? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               21%   17%   24%   24%   21%   21%   22%   16%   19%
Unfavorable              9    15     6     6    11     7    10     8     2
Mixed                   11    14     9    11    12    10    11    11    11
Hvn't hrd enough        58    53    59    59    54    61    55    64    67
REFUSED                  1     1     2     -     1     1     2     1     -
19. Is your opinion of Supreme Court Justice Stephen Breyer favorable, unfavorable, mixed, or haven't you heard enough about him? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favorable               11%   11%   10%   11%   15%    7%   10%    8%   14%
Unfavorable              4     4     3     5     4     4     4     5     4
Mixed                    9    10    10     5    10     7     9    12     5
Hvn't hrd enough        75    73    75    78    69    81    75    75    76
REFUSED                  1     1     2     -     1     1     2     1     -
20. How much influence do you think the views of the majority of Americans should have on the decisions by the Supreme Court? A great deal, some, only a little, or none at all? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Great deal              38%   29%   42%   39%   38%   37%   33%   45%   52%
Some                    38    43    37    36    32    44    40    43    27
Only a little           10    11     8    12    13     8    11     7    12
None at all             12    16    10    12    16     9    14     5     9
DK/NA                    2     1     3     1     1     2     2     -     -
21. How much influence do you think the views of the majority of Americans actually have on the decisions by the Supreme Court? A great deal, some, only a little, or none at all? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Great deal               6%    6%    6%    7%    8%    5%    4%   10%   19%
Some                    29    38    27    24    29    28    28    27    35
Only a little           41    38    40    46    38    44    43    38    31
None at all             21    16    25    19    24    19    21    26    13
DK/NA                    3     2     2     3     1     4     3     -     1
22. Which comes closer to your point of view: A) In making decisions, the Supreme Court should only consider the original intentions of the authors of the constitution or B) In making decisions, the Supreme Court should consider changing times and current realities in applying the principles of the Constitution. 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



A) Intentions of the
 authors of the
 constitution           39%   48%   32%   38%   44%   35%   42%   33%   33%
B) Changing times
 and current
 realities              54    47    59    56    51    56    52    60    58
DK/NA                    7     5     8     6     5     8     6     7     9
23. Do you think the Supreme Court is too powerful, not powerful enough, or does it have about the right amount of power? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Too poweful             25%   21%   30%   22%   28%   22%   24%   33%   21%
Not powerful enough     11     6    13    12     9    12     8    20     9
Right amount of power   60    71    51    62    61    59    62    44    68
DK/NA                    5     3     6     4     3     7     6     3     1
24. Do you think the Supreme Court is too liberal, too conservative, or about right? 
                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Liberal                 19%   29%   12%   17%   21%   16%   20%   16%   15%
Conservative            26    12    37    27    28    24    22    38    33
About right             46    51    39    48    44    47    46    42    51
DK/NA                   10     8    12     7     7    12    11     4     2
25a. How important do you think it is that George W. Bush nominate a woman to the Supreme Court? Very important, somewhat important, not too important or not important at all? 
                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Very important          26%   18%   35%   24%   20%   32%   21%   46%   43%
Smwht important         29    31    30    30    29    29    30    27    26
Not too important       14    15    12    15    16    12    14    13    11
Not important at all    29    34    21    30    33    25    32    13    19
DK/NA                    2     2     2     1     2     2     2     1     -
25b. How important do you think it is that George W. Bush nominate a black to the Supreme Court? Very important, somewhat important, not too important or not important at all? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Very important          24%   17%   33%   21%   19%   29%   18%   53%   34%
Smwht important         31    31    34    30    29    32    31    28    30
Not too important       15    17    11    17    17    12    15     8    16
Not important at all    29    34    20    31    33    25    33    11    20
DK/NA                    2     2     3     1     2     2     3     -     -
25c. How important do you think it is that George W. Bush nominate a hispanic to the Supreme Court? Very important, somewhat important, not too important or not important at all? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Very important          23%   18%   29%   24%   20%   27%   16%   43%   54%
Smwht important         29    31    29    28    27    30    30    32    21
Not too important       16    15    15    17    19    14    17    13    11
Not important at all    29    33    24    31    32    26    34    12    13
DK/NA                    3     3     3     1     2     3     3     1     1
26. When the President chooses a Supreme Court nominee, should the President only consider that person's legal qualifications and background, or should the President also consider how that nominee might vote on major issues the Supreme Court decides? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Qualifications &
 background             59%   56%   60%   62%   62%   56%   61%   47%   59%
Vote on major issues    34    38    33    32    31    36    32    51    33
DK/NA                    7     6     7     6     6     8     7     3     9
27. Do you favor or oppose affirmative action programs that give preferences to blacks and other minorities? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favor                   38%   22%   53%   37%   33%   43%   28%   79%   62%
Oppose                  51    70    36    52    57    46    61    18    26
DK/NA                   10     8    11    11    10    11    11     2    12
28a. (Split Sample A) Do you favor or oppose the death penalty for persons convicted of murder? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favor                   64%   77%   60%   58%   70%   59%   68%   52%   66%
Oppose                  29    18    32    35    26    32    26    37    31
DK/NA                    7     4     9     7     4    10     6    11     3
28b. (Split Sample B) Which punishment do you prefer for people convicted of murder: the death penalty or life in prison with no chance of parole? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Death penalty           46%   63%   37%   41%   51%   41%   54%   19%   27%
Life in prison/no
 chance of parole       47    29    55    51    40    52    39    73    66
DK/NA                    8     8     8     7     8     7     8     9     7
29. Do you think abortion should be legal in all cases, legal in most cases, illegal in most cases or illegal in all cases? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Legal - all cases       22%   16%   28%   22%   21%   23%   23%   24%   16%
Legal - most cases      32    26    36    32    35    29    33    32    25
Illegal - most cases    24    32    16    26    24    24    25    13    33
Illegal - all cases     18    23    16    16    15    21    16    27    23
DK/NA                    4     3     3     4     5     3     3     4     4
30. In general do you agree or disagree with the decision that banned the death penalty for the mentally retarded? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Agree                   66%   64%   65%   69%   67%   65%   70%   59%   50%
Disagree                29    30    31    28    28    30    26    35    48
DK/NA                    5     5     4     3     4     5     4     6     3
31. In general do you agree or disagree with the decision in the 2000 Presidential election that ruled for George W. Bush and against Al Gore? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Agree                   52%   90%   19%   53%   53%   50%   59%   16%   39%
Disagree                45     7    77    43    44    45    37    78    57
DK/NA                    4     3     4     4     3     5     4     6     4
32. In general do you agree or disagree with the decision that allowed states to make homosexual relations illegal? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Agree                   38%   51%   32%   32%   40%   36%   40%   36%   29%
Disagree                57    44    64    63    56    58    55    60    67
DK/NA                    5     5     3     5     4     6     5     4     5
33. In general do you agree or disagree with the 1973 Roe versus Wade decision that established a woman's right to an abortion? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Agree                   62%   47%   69%   67%   66%   58%   63%   61%   53%
Disagree                35    51    27    30    33    38    34    36    45
DK/NA                    3     2     3     3     2     4     3     4     2
34. As you may know, the Supreme Court will be deciding whether public universities can use race as one of the factors in admissions to increase diversity in the student body. Do you favor or oppose this practice? 

                        Tot   Rep   Dem   Ind   Men   Wom   Wht   Blk   His



Favor                   28%   18%   35%   30%   28%   28%   22%   43%   47%
Oppose                  67    78    60    66    68    67    73    50    51
DK/NA                    5     4     5     4     4     6     4     7     2

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