53% of Democrats would “abolish the current Supreme Court,” replace it with “a new, democratically elected Supreme Court”
56% of Democrats believe Supreme Court is “racist”
67% of Democrats believe Supreme Court is “sexist”
64% of Democrats favor expanding Supreme Court to 13 justices
ARLINGTON HEIGHTS, IL (July 12, 2022) – In the immediate wake of several important U.S. Supreme Court decisions strengthening the Second Amendment, reining in the power of the Environmental Protection Agency, and ending the constitutional right to an abortion, a majority of Democrats say they want to abolish the Court.
A new poll by The Heartland Institute and Rasmussen Reports of 1,025 likely voters found that only 33% of Democrats have a “favorable” view of the Supreme Court, whereas 72% of Republicans view the Supreme Court “very” or “somewhat” favorably.
The poll also found that 33% of Democrats “strongly favor” and 20% “somewhat favor” legislation that would “abolish the current Supreme Court and establish a new, democratically elected Supreme Court with justices chosen by the American people directly.” The combined number in favor, 53%, constitute a majority of registered Democrats.
The poll was conducted from July 6-7, 2022. Among those surveyed in the poll, 33% were Republicans, 35% were Democrats, and 32% were Independents; 48% were men, 52% were women; 67% were white, 13% were black, 13% were Hispanic, and 7% identified as “other.”
See the poll questions and the cross tabs here [an Excel document].
Overall, 52% of likely voters, no matter their political affiliation, have a “very favorable” or “somewhat favorable” opinion of the Supreme Court. Among Democrats, only one-third have a favorable opinion of the Supreme Court.
Democrats See Supreme Court as Racist, Sexist
Although only 34% of likely voters believe the Supreme Court is a fundamentally racist institution, 56% of Democrats and 61% of liberals agree with this statement. On the other end of the spectrum, 14% of Republicans and 17% of conservatives think the Supreme Court is a fundamentally racist institution.
Most likely voters (55%) do not agree that the U.S. Supreme Court is a fundamentally sexist institution that favors men over women. Yet, 54% of likely voters aged 19 to 39 believe the Supreme Court is sexist. Likewise, 67% of Democrats and 71% of liberals think the Supreme Court is “fundamentally sexist” in favor of men. For comparison, only 18% of Republicans and 21% of conservatives believe the Supreme Court is a sexist institution.
Interestingly, a little less than half of women (48%) agree that the Supreme Court is fundamentally sexist.
Democrats Want to Pack the Court
The poll found that 55% of all likely voters oppose legislation that would increase the size of the Supreme Court to 13 justices. Meanwhile, 64% of Democrats support packing the nine-person Court with at least four more justices, with 37% strongly favoring court packing and 27% somewhat favoring the idea.
Only 37% of all independents polled support court packing, while 50% are opposed.
Majority of Voters Oppose Electing Supreme Court Justices, Democrats in Favor
For as long as the Supreme Court has existed, presidents have appointed justices to serve life terms. The thinking behind this is simple: The judicial branch should remain free from political pressures and Supreme Court justices are not politicians, and therefore should not be swayed by the political winds at any given moment.
While 53% of likely voters oppose legislation that would abolish the current Supreme Court and establish a new, democratically elected Supreme Court with justices chosen by the American people directly, 53% of Democrats and 54% of liberals favor such legislation. On the other hand, only 21% of Republicans and 23% of conservatives favor a law that would abolish the current Supreme Court in place of a Supreme Court with justices voted on by the people directly.
Should the United Nations Have Veto Power Over the Supreme Court?
The Heartland Institute/Rasmussen Reports poll asked about “a constitutional amendment that would give the United Nations the authority to reverse U.S. Supreme Court decisions that U.N. members believe violate human rights?” Overall, only 29% of likely voters supported that proposition.
However, 39% of Democrats, 42% of liberals, 50% of African Americans, and 48% of younger voters (between the ages of 19-39) support the idea of giving the United Nations veto power over U.S. Supreme Court decisions on human rights grounds. Only 21% of conservatives, 30% of independents, and 9% of voters aged 65 and older support it.
The following statements from policy experts at The Heartland Institute – a free-market think tank – may be used for attribution. If you’d like to interview a Heartland Institute expert on this topic or other topics, please contact Justin Haskins, the director of Heartland’s Socialism Research Center and primary author of the Heartland/Rasmussen survey, at [email protected], or contact Vice President and Director of Communications Jim Lakely at [email protected]. You can also call/text Jim at 312-731-9364.
“For centuries, the U.S. Supreme Court has largely remained one of the most venerable institutions of the entire federal government. Although the Court has made some misguided decisions during its long history, it has also righted those wrongs over the years. By and large, the American people hold the Court in high esteem, as this poll amply demonstrates. However, there is absolutely a movement afoot, principally among leftists and America’s youth, who desire to ‘reimagine’ the Supreme Court so that it will become nothing more than a rubber stamp for their radical agenda. Fortunately, most likely voters reject this notion and steadfastly support the Supreme Court.”
Chris Talgo
Senior Editor
The Heartland Institute
“I am shocked and dismayed by these poll results. How can an institution like the Supreme Court function properly when the majority of those who call themselves liberal think the Court is sexist and racist? How can our system of government continue to work as outlined by the Constitution when the majority of those who call themselves liberal advocate for the abolishment of the Supreme Court? How can America maintain its sovereignty when nearly half of those who call themselves liberal want the United Nations to be able to overrule decisions made by our country’s highest court? I know our country has been divided in recent years; I’m starting to fear that division is becoming irreparable.”
Donald Kendal
Research Fellow
The Heartland Institute
“Despite the false narrative pushed by the mainstream press regarding a general lack of support amongst U.S. citizens towards the Supreme Court, these results indicate the opposite. A clear majority of likely voters holds a favorable opinion of our highest legal body, rejects the notion that it is inherently racist or sexist, and supports its current institutional characteristics that favor impartiality and independence.”
Jack McPherrin
Research Editor, Research Fellow
The Heartland Institute
The Heartland Institute is a national nonprofit organization founded in 1984 and headquartered in Arlington Heights, Illinois. Its mission is to discover, develop, and promote free-market solutions to social and economic problems.
National Survey of 1,025 Likely Voters on the Supreme Court
Conducted July 6-7, 2022
By The Heartland Institute and Rasmussen Reports
Do you have a very favorable, somewhat favorable, somewhat unfavorable, or very unfavorable opinion of the U.S. Supreme Court?
29% – very favorable
23% – somewhat favorable
18% – somewhat unfavorable
25% – very unfavorable
6% – not sure
Do you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with the following statement?: “The U.S. Supreme Court is a fundamentally racist institution.”
15% – strongly agree
19% – somewhat agree
18% – somewhat disagree
43% – strongly disagree
6% – not sure
Do you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with the following statement?: “The U.S. Supreme Court is a fundamentally sexist institution that favors men over women.”
21% – strongly agree
20% – somewhat agree
13% – somewhat disagree
42% – strongly disagree
5% – not sure
There are nine justices on the Supreme Court. Some congressional Democrats have proposed expanding that number to 13. Would you strongly favor, somewhat favor, somewhat oppose or strongly oppose legislation to increase the size of the Supreme Court to 13 seats?
21% – strongly favor
20% – somewhat favor
11% – somewhat oppose
40% – strongly oppose
9% – not sure
Would you strongly favor, somewhat favor, somewhat oppose, or strongly oppose legislation that would abolish the current Supreme Court and establish a new, democratically elected Supreme Court with justices chosen by the American people directly?
22% – strongly favor
15% – somewhat favor
13% – somewhat oppose
40% – strongly oppose
10% – not sure
Would you strongly favor, somewhat favor, somewhat oppose, or strongly oppose a constitutional amendment that would give the United Nations the authority to reverse U.S. Supreme Court decisions that U.N. members believe violate human rights?
14% – strongly favor
15% – somewhat favor
11% – somewhat oppose
51% – strongly oppose
10% – not sure
NOTE: Margin of Sampling Error, +/- 3 percentage points with a 95% level of confidence
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Justin Haskins is the director of the Socialism Research Center and editorial director at The Heartland Institute.
Chris Talgo is senior editor at The Heartland Institute and a research fellow for Heartland’s Socialism Research Center.
Donald Kendal is Director of The Heartland Institute’s Socialism Research Center. Kendal is also the host of Heartland’s In the Tank Podcast.
Jack McPherrin is a Research Fellow within The Heartland Institute’s Emerging Issues Center, and also serves as Heartland’s Research Editor.
Jim Lakely is the Vice President and Director of Communications of The Heartland Institute.
