Poll: Roberts Unknown To Most

Majority Expect Senate To Confirm Supreme Court Nominee

(CBS) 

COMPARED WITH MOST NOMINATIONS, NOMINATION OF ROBERTS IS …

Now
More important
25%
Bork 1987
More important
22%

Now
Less important
5%
Bork 1987
Less important
7%

Now
About as important
58%
Bork 1987
About as important
51%

But a large majority – 73 percent - expect Roberts to be confirmed to the Supreme Court. Majorities of both Democrats and Republicans think Roberts will be confirmed.

EXPECT JOHN ROBERTS WILL BE CONFIRMED BY THE SENATE?

Yes
73%
No
8%
Don't know
19%

SUPREME COURT DECISIONS

Even though most Americans do not think a Supreme Court judge’s personal views SHOULD be a factor in deciding cases, Americans think they ARE a factor in most judges’ decisions. Seventy-seven percent think a Supreme Court judge’s personal views should NOT enter in his or her decisions before the court. However, 67 percent think personal views are a factor in decisions made by judges on the Supreme Court.

SHOULD JUDGE’S PERSONAL VIEWS BE A FACTOR IN THEIR DECISIONS?

Yes
19%
No
77%

ARE JUDGE’S PERSONAL VIEWS A FACTOR IN THEIR DECISIONS?

Yes
67%
No
25%

Many more, though not most, think the public’s opinions should be a factor. While 49 percent of Americans say that when the Supreme Court decides an important constitutional case, it should only consider legal issues, 42 percent say the court should also consider what the majority of the public thinks about that subject. In July, before the nomination of Roberts, the responses were similar. In 1987, however, shortly before the Bork hearings, the public had a greater preference for including public opinion in Supreme Court rulings.

IN RULINGS, SUPREME COURT SHOULD TAKE INTO ACCOUNT:

Legal issues only
Now
49%
July 2005
48%
Sept. 1987
32%

Public opinion also
Now
42%
July 2005
46%
Sept. 1987
60%

Americans remain split on whether Senators should take a look at a nominee’s positions on specific issues: 46 percent think the Senate should consider only the nominee’s legal qualifications and background, but the same number think the Senate should take into account the nominee’s view on major issues the Supreme Court decides. These views have not changed from last month. During the nomination processes of Thomas and Bork, Americans were more inclined to think the Senate should consider a nominee’s position on specific issues.

In this poll, 57 percent of Republicans think the Senate should consider only a nominee’s legal qualifications, while 55 percent of Democrats say the Senate should consider how a nominee might vote on major issues. Similarly, when it comes to the Supreme Court’s rulings, Republicans take a more legalistic approach. They are more likely than Democrats to say the court’s rulings should be based only on the legal issues involved and public opinion should not be a factor.

Overall, Americans do think it makes a difference to the country whether liberals or conservatives control the U.S. Supreme Court. Eight in 10 say it makes at least some difference, including 48 percent who say it makes a great deal of difference who controls the court.

HOW MUCH DIFFERENCE DOES IT MAKE WHETHER LIBERALS OR CONSERVATIVES CONTROL THE SUPREME COURT?
A great deal
48%
Some
31%
Now
Not much/none
17%

Majorities of both conservatives and liberals say it makes a great deal of difference whether liberals or conservatives control the Court. Among moderates, 43 percent say it makes a great deal of difference.

THE SUPREME COURT AND ABORTION

Americans want the Senate to know Roberts’ position on abortion before they vote to confirm him. Sixty-five percent say knowing his position is important, including one in three who think it is very important.

IMPORTANT FOR SENATE TO KNOW ROBERTS’ POSITION ON ABORTION?

Very
30%
Somewhat
35%
Not very/not at all
32%

Majorities of both supporters and opponents of Roe v. Wade say the Senate should know Roberts’ position on abortion before they vote on him. Thirty-nine percent of Democrats also feel this way, compared to just one in five Republicans.

As for Roe v. Wade, the decision that established a constitutional right for women to obtain legal abortions, 60 percent of Americans now think it was a good thing, while 35 percent think it was bad. These figures have changed little since 1998.

Views on abortion itself, however, are more mixed. Twenty-eight percent think abortion should be permitted in all cases, while 15 percent would permit it with greater restrictions than exist now. Thirty-three 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
28%
Permitted with more restrictions
15%
Permitted in rape, incest, to save woman's life
33%
Permitted only to save woman's life
15%
Not permitted at all (vol.)
5%

A WOMAN JUSTICE

After the resignation of Sandra Day O’Connor, and before the nomination of Roberts, a CBS News Poll found that 58 percent of Americans said it was important that Mr. Bush name another woman to replace O’Connor, and there was some speculation that Bush might do just that.

IMPORTANCE OF NAMING WOMAN TO REPLACE O’CONNOR
(July 13-14, 2005)

Very important
25%
Somewhat important
33%
Not very
17%
Not at all
23%

But now that Roberts has been nominated, just a quarter say they would have preferred Mr. Bush nominate a woman; 75 percent say it doesn’t matter. There is a gender gap: 31 percent of women say they would have preferred Bush nominate a woman to the Supreme Court, compared to just 17 percent of men.

WOULD YOU HAVE PREFERRED THAT BUSH NOMINATE A WOMAN TO THE COURT?

Yes
25%
Doesn't matter
75%

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This poll was conducted among a nationwide random sample of 1222 adults, interviewed by telephone July 29-August 2, 2005. The error due to sampling could be plus or minus three percentage points for results based on all adults. Error for subgroups is higher.

For detailed information on how CBS News conducts public opinion surveys, click here.