What Americans Really Think About Court-Packing

First Liberty Institute commissioned the following polls from Mason Dixon Polling & Strategy – two nationwide poll and two statewide polls in West Virginia and Arizona – revealing nearly two-thirds (2/3’s) of Americans oppose adding seats to the Supreme Court of the United States.

The nationwide poll suggests that 65% of all respondents oppose court-packing. Importantly, self-identified Independent voters also reject plans to pack the court (65% opposed).

You can download the results of the latest national poll here.

You can download the results of the 2023 national poll here.

You can download the results of the 2022 national poll here.

You can download the results of the 2021 national poll here.

You can download the results of the statewide polls for West Virginia here and for Arizona here.

HOW THE POLL WAS CONDUCTED

This poll was conducted by Mason-Dixon Polling & Strategy, Inc. of Jacksonville, Florida from May 30 through June 2, 2023. A total of 1,100 registered voters were interviewed nationwide by telephone.

Those interviewed were randomly selected from a nationwide voter registration list that included both land-lines and mobile phones. Quotas were assigned in order to reflect voter registration by state.

The margin for error, according to standards customarily used by statisticians, is no more than ±3 percentage points. This means that there is a 95 percent probability that the “true” figure would fall within that range if all voters were surveyed. The margin for error is higher for any subgroup, such as a gender or age grouping.

QUESTION: DO YOU SUPPORT OR OPPOSE AMENDING THE U.S. CONSTITUTION TO CHANGE THE STRUCTURE OF THE U.S. SUPREME COURT?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	27%	22%	31%	50%	6%	25%	31%	24%
OPPOSE	60%	67%	54%	39%	83%	58%	51%	67%
UNDECIDED	13%	11%	15%	11%	11%	17%	18%	9%

QUESTION: FOR OVER 150 YEARS, THE UNITED STATES SUPREME COURT HAS HAD NINE JUSTICES. “COURT-PACKING” IS GENERALLY DEFINED AS INCREASING THE NUMBER OF SUPREME COURT SEATS, PRIMARILY TO ALTER THE IDEOLOGICAL BALANCE OF THE COURT. DO YOU SUPPORT OR OPPOSE “COURT-PACKING”?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	25%	21%	28%	44%	6%	24%	29%	22%
OPPOSE	68%	75%	63%	53%	86%	66%	62%	73%
UNDECIDED	7%	4%	9%	3%	8%	10%	9%	5%

QUESTION: IF A PLAN TO PACK THE U.S. SUPREME COURT WITH MORE JUSTICES SUCCEeDS, DO YOU BELIEVE PROTECTIONS FOR RELIGIOUS LIBERTY WOULD INCREASE OR DECREASE?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
INCREASE	20%	17%	23%	27%	11%	21%	33%	16%
DECREASE	49%	53%	46%	35%	68%	45%	53%	59%
NO CHANGE	12%	18%	7%	15%	6%	14%	14%	6%
NOT SURE	19%	12%	24%	23%	15%	20%	14%	19%

QUESTION: ThE AUTHORS OF THE U.S. CONSTITUTION GRANTED FEDERAL JUDGES AND JUSTICES LIFETIME APPOINTMENTS. THE FOUNDERS BELIEVED THIS WOULD INSULATE THE JUDICIARY FROM POLITICAL FIGHTS AND PROVIDE THE INDEPENDENCE NEEDED TO INTERPRET THE LAW FREE FROM OUTSIDE POLITICAL PRESSURE. DO YOU SUPPORT OR OPPOSE LIFETIME APPOINTMENTS TO THE U.S. SUPREME COURT?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	48%	53%	43%	26%	72%	47%	47%	40%
OPPOSE	49%	44%	54%	73%	24%	48%	50%	48%
UNDECIDED	3%	3%	3%	1%	4%	5%	3%	3%

QUESTION: DO YOU FEEL THAT LIFETIME APPOINTMENTS FOR SUPREME COURT JUSTICES INCREASES OR DECREASES THEIR JUDICIAL INDEPENDENCE?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
INCREASES	44%	55%	34%	27%	55%	49%	39%	48%
DECREASES	35%	26%	44%	53%	17%	34%	37%	33%
NO EFFECT/DK	21%	19%	22%	20%	28%	17%	24%	19%

QUESTION: DO YOU FEEL TERM LIMITS FOR FEDERAL JUDGES WOULD OR WOULD NOT REDUCE THE POLITICIZATION OF THE U.S. SUPREME COURT?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
WOULD	47%	41%	52%	56%	34%	51%	60%	36%
WOULD NOT	36%	44%	29%	32%	45%	31%	22%	47%
NOT SURE	17%	15%	19%	12%	21%	18%	18%	17%

QUESTION: DO YOU FEEL A MANDATORY RETIREMENT AGE FOR FEDERAL JUDGES WOULD OR WOULD NOT REDUCE THE POLITICIZATION OF THE U.S. SUPREME COURT?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
WOULD	39%	33%	44%	41%	27%	9%	9%	14%
WOULD NOT	49%	54%	44%	50%	8%	41%	46%	35%
NOT SURE	12%	13%	12%	29%	65%	50%	45%	51%

I AM GOING TO READ SEVERAL STATEMENTS. AFTER EACH ONE, PLEASE TELL ME IF YOU AGREE OR DISAGREE WITH IT.

– “AN INDEPENDENT JUDICIARY IS A CRUCIAL SAFEGUARD OF OUR CIVIL LIBERTIES.”

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
AGREE	91%	95%	88%	91%	94%	87%	88%	93%
DISAGREE	6%	3%	8%	8%	2%	8%	7%	6%
NOT SURE	3%	2%	4%	1%	4%	5%	5%	1%

– “EXPANDING THE MEMBERSHIP OF THE U.S. SUPREME COURT IS A SCHEME TO ACHIEVE PURELY POLITICAL OBJECTIVES”

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
AGREE	61%	95%	57%	38%	89%	59%	56%	65%
DISAGREE	34%	31%	36%	56%	9%	33%	36%	32%
NOT SURE	5%	3%	7%	6%	2%	8%	8%	3%

– “EXPANDING THE MEMBERSHIP OF THE U.S. SUPREME COURT IS A SCHEME TO ACHIEVE PURELY POLITICAL OBJECTIVES”

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
AGREE	62%	73%	51%	47%	81%	58%	59%	64%
DISAGREE	30%	24%	36%	44%	15%	32%	33%	28%
NOT SURE	8%	3%	13%	9%	4%	10%	8%	8%

QUESTION: IN RECENT MONTHS, OPPONENTS OF DECISIONS BY THE SUPREME COURT LAUNCHED ATTACKS ON THE INTEGRITY OF SOME OF THE JUSTICES.DO YOU SUPPORT OR OPPOSE THOSE POLITICAL ATTACKS?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	28%	24%	32%	50%	5%	27%	32%	25%
OPPOSE	59%	62%	56%	38%	82%	60%	51%	65%
UNDECIDED	13%	14%	12%	12%	13%	13%	17%	10%

QUESTION: DO YOU BELIEVE THAT THE ATTACKS BEING MADE BY OPPONENTS OF SOME RECENT SUPREME COURT DECISIONS DOES OR DOES NOT THREATEN THE JUDICIAL INDEPENDENCE OF THE SUPREME COURT?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
YES, DOES	52%	57%	48%	38%	66%	54%	48%	55%
NO, DOES NOT	40%	36%	43%	56%	25%	37%	43%	37%
NOT SURE	8%	7%	9%	6%	9%	9%	9%	8%

QUESTION: DO YOU BELIEVE THAT THE POLITICIZATION OF THE SUPREME COURT DOES OR DOES NOT THREATEN JUDICIAL INDEPENDENCE?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
YES, DOES	72%	77%	68%	66%	77%	73%	68%	75%
NO, DOES NOT	22%	14%	28%	27%	17%	21%	27%	18%
NOT SURE	6%	9%	4%	7%	6%	6%	5%	7%

QUESTION: DO YOU BELIEVE THAT PROTESTING AT THE PRIVATE HOMES OF SUPREME COURT JUSTICES DOES OR DOES NOT POSE A THREAT TO JUDICIAL INDEPENDENCE?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
YES, DOES	67%	69%	65%	55%	79%	69%	63%	71%
NO, DOES NOT	30%	29%	31%	44%	17%	28%	35%	26%
NOT SURE	3%	2%	4%	1%	4%	3%	2%	3%

QUESTION: BELIEVING THAT THEY CAN NO LONGER WIN AT THE SUPREME COURT, PROGRESSIVES WANT TO CHANGE THE RULES OF THE COURT, INCLUDING LIMITING THE TERMS OF JUSTICES AND FORCING THE RETIREMENT OF JUSTICES. DO YOU SUPPORT OR OPPOSE THESE EFFORTS?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	40%	34%	45%	68%	7%	43%	47%	34%
OPPOSE	53%	61%	46%	23%	89%	49%	45%	60%
UNDECIDED	7%	5%	9%	9%	4%	8%	8%	6%

QUESTION: DO YOU SUPPORT OR OPPOSE CALLS BY PROGRESSIVE POLITICIANS TO DISOBEY OR DISREGARD FEDERAL COURT ORDERS?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	12%	9%	14%	26%	2%	8%	18%	7%
OPPOSE	76%	81%	72%	59%	92%	77%	69%	82%
UNDECIDED	12%	10%	14%	15%	6%	15%	13%	11%

QUESTION: EACH BRANCH OF THE FEDERAL GOVERNMENT — THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL — IS SEPARATE AND CO-EQUAL. IN RECOGNITION OF THE SEPARATION OF POWERS AND JUDICIAL INDEPENDENCE, THE JUDICIARY HAS ALWAYS ESTABLISHED ITS OWN ETHICAL RULES FOR JUDGES. SINCE 1973, THE CODE OF CONDUCT AND ETHICAL RULES FOR JUDGES HAS BEEN SET BY THE JUDICIAL CONFERENCE OF THE UNITED STATES.

NOW, SOME MEMBERS OF CONGRESS ARE THREATENING TO TAKE OVER SETTING RULES FOR JUDGES AND FORCING THEM TO COMPLY. DO YOU BELIEVE THAT CONGRESS TAKING OVER AND SETTING RULES FOR JUDICIAL ETHICS WOULD OR WOULD NOT VIOLATE THE SEPARATION OF POWERS AND THREATEN JUDICIAL INDEPENDENCE?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
WOULD	69%	74%	65%	50%	85%	73%	58%	78%
WOULD NOT	20%	17%	23%	35%	6%	19%	28%	13%
NOT SURE	11%	9%	12%	15%	9%	8%	14%	9%

QUESTION: A UNITED STATES SENATOR MADE STAEMENTS IN FRONT OF THE UNITED STATES SUPREME COURT BUILDING, SAYING THAT JUSTICES BRETT KAVANAGH AND NEIL GORSUCH HAD “RELEASED A WHIRLWIND, WOULD PAY THE PRICE” AND WOULDN’T “KNOW WHAT HIT” THEM IF THEY WENT FORWARD WITH “AWFUL DECISIONS”. DO YOU BELIEVE THIS ACTION DOES OR DOES NOT THREATEN JUDICIAL INDEPENDENCE?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
YES, DOES	58%	62%	55%	44%	72%	59%	53%	62%
NO, DOES NOT	35%	32%	38%	47%	23%	34%	38%	33%
NOT SURE	7%	6%	7%	9%	4%	7%	9%	5%

DEMOGRAPHICS

PARTY	Democrat	364 (33%)
	Republican	342 (31%)
	Independent/Other	394 (36%)

AGE	18-34	199 (18%)
	35-49	283 (26%)
	50-64	296 (27%)
	65+	319 (29%)
	Refused	3

RACE/ETHNICITY:	White/Caucasian	696 (63%)
	Black/African American	138 (13%)
	Hispanic/Latino	177 (16%)
	Other/Refused	89 (8%)

GENDER ID:	Male	526 (48%)
	Female	562 (51%)
	Other	12 (1%)

REGION:	Northeast	220 (20%)
	Midwest	210 (19%)
	South	350 (32%)
	West	130 (12%)
	Pacific Coast	190 (17%)