That was in September 2022. In June 2024, 7 in 10 Americans believe the Supreme Court tries to shape the law to suit the ideology of its justices.
That’s one of the findings of an Associated Press-NORC poll released this week. As the Supreme Court issues its decision in its latest hearing, the AP found a striking lack of confidence in the court’s decisions.
Americans have been skeptical of the Supreme Court for some time now: Fewer than half of the public views the court favorably, according to a Gallup poll, a trend that has persisted since mid-2021.
This is mainly due to its low approval rating among Democrats. Views of the Supreme Court often change as justices retire or are replaced, and these shifts tend to coincide with changes in control of the White House. But skepticism of the court has been more pronounced in recent years, especially on the left. The conservative majority, half of whom were appointed by the left’s nemesis Donald Trump, has not hesitated to reconsider past decisions and precedents, most notably on the issue of abortion.
According to the latest Associated Press data, just 16% say they have a great deal of confidence in the Supreme Court. A majority say they have “somewhat” confidence — a view held by most Republicans, while most Democrats say they have almost no confidence at all.
When asked about specific issues, dissatisfaction was even sharper: Two-thirds of Americans have little confidence in the Supreme Court’s handling of important issues, including abortion, gun control and questions of presidential power and immunity. Even among Republicans, opinions of the Supreme Court are broadly divided.
The pollsters also asked a more pointed question: “Do you think Supreme Court justices these days are more likely to be fair, impartial and independent oversight of the other branches of government, or more likely to try to change the law to suit their own ideology?”
Seven in 10 respondents said it “fits their ideology,” including more than three-quarters of Democrats and half of Republicans.
The nature of the Supreme Court’s work means that its work reaches most Americans through filters, news reports, or experts skilled in interpreting its decisions. Few respondents here likely pored over specific pronouncements by justices and noted their dissatisfaction or where a decision contradicts existing precedent.
Rather, many are likely responding to reports about how the justices are approaching their roles, particularly Justices Clarence Thomas and Samuel Alito. Some may be skeptical, given the justices’ willingness to accept dubious allegations in cases. Many more are likely Dobbs v. Jackson Women’s Health Organizationa negative decision Roe v. WadeThis is despite comments the judges made during their nomination hearings suggesting they would not take such action.
And that’s a problem. The Chief Justice’s assertiveness about how the Court will approach cases is undermined by the actions of the justices both on and off the bench. A flurry of decisions that bolster right-wing politics is a natural consequence of who has been nominated and confirmed, but it also inevitably shines a spotlight on the justices’ ideology.
The difference, if it exists at all, between a court controlled by justices appointed on ideological lines and a court that rules on ideological lines is subtle. Roberts argues there is a difference. Americans are skeptical.
