Political Hotsheet
By

Brian Montopoli /

CBS News/ June 7, 2012, 6:30 PM

Poll: 60 percent oppose lifetime Supreme Court appointments

supreme court justices graphic lifetime appointments CBS

CBS News Poll analysis by the CBS News Polling Unit: Sarah Dutton, Jennifer De Pinto, Fred Backus and Anthony Salvanto.


A new CBS News/New York Times poll finds that six in ten Americans oppose lifetime appointments for Supreme Court justices, with respondents agreeing with the idea that such appointments give the justices too much power.

Respondents were asked this question: "Which opinion comes closer to your own appointing Supreme Court Justices for life is a good thing because it helps keep them independent from political pressures, or appointing Supreme Court Justices for life is a bad thing because it gives them too much power?"

Just 33 percent said they believed lifetime appointments are a good thing because it keeps justices independent. Sixty percent said they disapprove of lifetime appointments.

Three in four said they believe the current Supreme Court justices sometimes let their own personal or political views influence their decisions. The belief crossed party lines, with roughly the same percentage of Republicans, Democrats and independents expressing that view. Only 13 percent said the justices decide cases based solely on legal analysis.

Asked specifically how the justices will decide the challenge to the federal health care law passed in 2010, 55 percent said they will be influenced by their personal or political views. Thirty-two percent said the decision will be grounded strictly in legal analysis.

Overall, more Americans approve than disapprove of how the Supreme Court is handling its job, though the court's overall job approval rating is less than 50 percent. Forty-four percent - including 51 percent of Democrats - approve of the way the justices are performing. Thirty-six percent disapprove. Another one in five doesn't have an opinion.

Far worse are perceptions of Congress. Just 15 percent of Americans said in the CBS News/New York Times poll that they approve of the job Congress is doing, while 77 percent disapprove. Those numbers are actually slightly improved from February, when only 10 percent approved of the job Congress is doing.

More from the poll:

Poll: Most think politics will influence Supreme Court health care decision
Poll: Most Americans think Arizona immigration law is "about right"
Poll: Most want Supreme Court to overturn individual health care mandate

Read The Complete Poll (PDF)


This poll was conducted by telephone from May 31-June 3, 2012 among 976 adults nationwide. Phone numbers were dialed from samples of both standard land-line and cell phones. The error due to sampling for results based on the entire sample could be plus or minus three percentage points. The error for subgroups may be higher. This poll release conforms to the Standards of Disclosure of the National Council on Public Polls.

© 2012 CBS Interactive Inc. All Rights Reserved.
98 Comments Add a Comment
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Ulgnud says:
Lifetime appointments are specified in the US Constitution. If you don't like the judges than pay more attention to who you place in the W/H that appoints them and Congress that confirms the appointments.
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65dmack replies:
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well said.
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jimatmadison says:
One ten year initial appointment, no more than two five-year reconfirmations.

The reconfirmations would probably be pretty automatic unless the justice is a nutcase like Scalia, or a cipher like Thomas.

I must say, it's safe to say that the lifetime aspect of the appointment is what kept the truly insane Robert Bork off the court, so in that sense, it does provide some incentive to have the appointee be somewhat mainstream.
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Nocults says:
The anti American GOP economic terrorist pimps for the 1%, like Scalia, should be tried for treason against the American people and Democracy for their "Citizens United" decision.
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65dmack replies:
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They are not alone.
There are many in the district of criminals that should be tried for treason.
Every one that voted yes to NDAA is a traitor to the US Constitution and their oath of office.
That would be a good start to rid our government of some of the traitors.
Legalize Liberty!!
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Elron_Aven says:
10 years, then force them to be reconfirmed by the Senate.
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occupy_cbs says:
esq777 says: "Lifetime appointments are supposed to make them politically neutral, but has the opposite effect. They have no accountability to anyone so, as in the case of the current right wing court, they are free to rule based on their out of control extremist political agenda."




Actually, from the rulings of the robert's right-wing court, it seems that not only is the SCOTUS as partisan as it gets, but also ruling for BIG BIZ in 98% of their rulings -- completely against WE THE PEOPLE and the average American, like in 'Citizens United'.
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occupy_cbs says:
"A recent spate of 5-4 decisions--where the liberal and conservative wings of the court split without compromise--may give the impression that the justices are unduly influenced by their politics and not just their fidelity to the constitution. The 2010 Citizens United decision, which struck down a campaign finance law that limited election spending, was also unpopular with the American public."



It's no wonder that 75% of Americans say the judges' personal politics influence their legal decisions.
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occupy_cbs says:
rightofwrong says: "The purpose of lifetime appointment is designed to remove political persuasion."



According to a recent New York Times/CBS poll, only 44 percent of Americans approve of the court's performance, compared to more than 60 percent of Americans in the late 1980s. Meanwhile, 75 percent of the poll's respondents say the judges' personal politics influence their legal decisions and 60 percent say the justices should not be appointed for life.

I fail to understand your convoluted thinking, since lifetime tenure has nothing to do with "removing political persuasion," and quite the contrary, I agree with the 75% of Americans that say "the judges' personal politics influence their legal decisions."
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Reality-is-Good says:
Lifetime rule at the top of the government is a dictatorship, no matter how they get into office.
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occupy_cbs replies:
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dictatorship: outright rule by one person

There are 9 supreme court justices, so your premise is false.
jimatmadison replies:
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Wrong, occupy.

Dictatorial power can be and often is shared among a group. When a military coup occurs, there is a figurehead leader of the group, but the actions taken are determined by the group, not the individual.

We are perilously close to that situation with this court.
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TimeToEvolve says:
Big Corporations have taken over the entire government including the Supreme Court. We need to stop them. It's that simple.
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tocnwth says:
The way all judges act in today's world we cannot afford to have judges either appointed or elected for a lifetime job.

ALL JUDGES INCLUDING THE SUPREME COURT SHOULD ONLY BE ABLE TO SERVE 10 YEARS AND THEN THEY ARE THROUGH for the rest of their lives. No judge should be able to serve more than a ten year term at the most. Our judges or today are hardly more than political hacks including the supreme court.
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