Poll: Roberts Unknown To Most

Fewer than half of Americans are following news about the recent appointment of John Roberts to the U.S. Supreme Court, and a majority is unable to offer an opinion of the nominee. But even though few are excited about the Roberts nomination, at this point, most expect he will be confirmed by the Senate. Americans, however, are divided over whether the confirmation hearings will be conducted in a non-partisan manner or whether they will be more contentious.

Forty-three percent think Republican and Democratic Senators will conduct the Roberts confirmation hearings in a fair and non-partisan manner, but 47 percent expect the parties will not be able to work together.

WILL REPUBLICANS AND DEMOCRATS WORK TOGETHER?

Yes, will work together
43%
No, will not work together
47%

Republicans are slightly more concerned than Democrats that the parties will not be able to work together during the confirmation hearings.

THE NOMINEE

Over two-thirds either haven't heard enough about Roberts or are undecided in their views of him. Those who do have an opinion hold a favorable one: 25 percent view Roberts favorably, while just 7 percent view the nominee unfavorably.

Half of Republicans have a favorable opinion of Roberts, while Democrats are more divided – and unsure. Eight in 10 Democrats are unable to rate Roberts. Among those following the nomination very closely, 60 percent have a favorable opinion of Roberts, but it should be noted that those following the nomination very closely are twice as likely to be Republicans as Democrats.

Overall views of Roberts are similar to those expressed in past CBS News Polls about Clarence Thomas in September 1991, before the public allegations of sexual harassment made by law professor Anita Hill. Fewer people were able to offer opinions of David Souter and Robert Bork when they were nominated to the Supreme Court.

JOHN ROBERTS VS. PAST NOMINEES

Roberts
Favorable
25%
Thomas
Favorable
26%
Souter
Favorable
13%
Bork
Favorable
11%

Roberts
Unfavorable
7%
Thomas
Unfavorable
10%
Souter
Unfavorable
5%
Bork
Unfavorable
12%

Roberts
Undecided
17%
Thomas
Undecided
22%
Souter
Undecided
13%
Bork
Undecided
13%

Roberts
Haven't heard enough
51%
Thomas
Haven't heard enough
42%
Souter
Haven't heard enough
68%
Bork
Haven't heard enough
63%

Moreover, on a more detailed measure, attitudes toward Mr. Bush's appointment of Roberts are mixed. Only 6 percent of Americans say they are excited about the nomination of Roberts, 38 percent are optimistic about the nomination, but 34 percent admit they are concerned. Six percent say they are scared about this nomination.

FEELINGS ON ROBERTS APPOINTMENT

Excited
6%
Optimistic, but not excited
38%
Concerned, but not scared
34%
Scared
6%

Those most excited are Republicans (16 percent), conservatives (14 percent) and white evangelicals (10 percent). Those most likely to be scared about the Roberts nomination are liberals (16 percent) and Democrats (12 percent).

Nearly six in 10 say the Roberts nomination is about as important as most nominations to the court. Twenty-five percent say this nomination is more important, while just 5 percent think it is less important. Americans frequently think Court nominations matter: these opinions are not very different than those in 1987 when Bork was nominated to the Supreme Court. Bork was ultimately not confirmed by the Senate.

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%