Poll: Supreme Court Pick Matters

Most Americans Want Bush To Appoint A Woman To Replace O'Connor

(CBS) 
CONFIDENCE IN SUPREME COURT

A great deal
Now
14%
11/2004
20%

Quite a lot
Now
22%
11/2004
21%

Some
Now
40%
11/2004
39%

Very little
Now
20%
11/2004
17%

Half say they mostly agree with the decisions the Supreme Court has made over the past year, while 36 percent mostly disagree.

Just as they are divided about whether Senate confirmation hearings should include nominees' positions on issues or just his or her legal background, Americans are also divided as to whether Supreme Court rulings ought to factor in public opinion or be based only on the legal issues. 48 percent think the Court should consider only the legal issues when it makes important decisions; 46 percent think it should also take public opinion on the issue into consideration.

IN RULINGS, SUPREME COURT SHOULD TAKE INTO ACCOUNT:

Legal issues only
Now
48%
9/1987
32%

Public opinion also
Now
46%
9/1987
60%

This marks a significant change in the public's views over the past couple decades. In 1987, the public had a greater preference for including public opinion in Supreme Court rulings.

In this poll, Republicans take a more legalistic approach to both the confirmation process and the Court's rulings. More than Democrats, Republicans prefer that the Supreme Court's rulings be based only on the legal issues involved, and they are more likely to think that the Senate ought to consider only a nominee's legal experience and background.

ABORTION

The vacancy on the Supreme Court as a result of Sandra Day O'Connor's resignation has placed the Roe v. Wade decision, made over thirty years ago, back in the spotlight. Nearly six in ten think the Court's decision establishing a Constitutional right for women to obtain legal abortions was a good thing, while 32 percent think it was bad. Those figures have changed little since 1998.

ROE V. WADE WAS…

Good thing
Now
59%
1/1998
60%

Bad thing
Now
32%
1/1998
33%

Views on abortion itself, however, are more nuanced. 25 percent think abortion should be permitted in all cases, while 14 percent would permit it with greater restrictions than exist now. 38 percent think it should be allowed only in the case of rape, incest or to save the woman's life, while 15 percent would allow it only to save the woman's life. These views have changed very little over the years.

VIEWS ON ABORTION

Permitted in all cases
25%
Permitted with more restrictions
14%
Permitted in rape, incest, to save women's life
38%
Permitted only to save woman's life
15%
Not permitted at all (vol.)
3%

About half of conservatives and Republicans and two thirds of white evangelical Christians think the Roe v. Wade decision was bad, and large majorities of these groups think abortion should be more restricted than it is now. Men are slightly more likely than women to think abortion should only be permitted in case of rape, incest or to save a woman's life.