What Americans Really Think About Court-Packing

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

The nationwide poll suggests that 68% of all respondents oppose court-packing. Importantly, self-identified Independent voters overwhelmingly reject plans to pack the court (68% opposed).

You can download the results of the 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 April 15 through April 19, 2021. 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: THE ISSUE OF “PACKING THE COURT” HAS BEEN PART OF THE POLITICAL DEBATE IN RECENT YEARS. ARE YOU FAMILIAR WITH THE ISSUE OF “COURT-PACKING”?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
YES	79%	84%	75%	87%	71%	78%	72%	85%
NO	21%	16%	25%	13%	29%	22%	28%	15%

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	27%	19%	35%	50%	4%	26%	35%	20%
OPPOSE	68%	79%	58%	47%	90%	68%	59%	75%
UNDECIDED	5%	2%	7%	3%	6%	6%	6%	5%

QUESTION: DO YOU FEEL PRESIDENT JOE BIDEN SHOULD OR SHOULD NOT BACK A PLAN PROPOSED BYCONGRESSIONAL DEMOCRATS TO INCREASE THE NUMBER OF JUSTICES OF THE SUPREME COURT OF THE UNITED STATES FROM NINE MEMBERS TO THIRTEEN MEMBERS?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	31%	25%	36%	63%	3%	22%	40%	23%
SHOULD NOT	65%	73%	58%	33%	95%	72%	55%	74%
NOT SURE	4%	2%	6%	4%	2%	6%	5%	3%

QUESTION: IF DONALD TRUMP HAD BEEN REELECTED AS PRESIDENT AND HE PROPOSED INCREASING THE SIZE OF THE SUPREME COURT FROM NINE MEMBERS TO THIRTEEN MEMBERS, WOULD YOU SUPPORT OR OPPOSE HIS EFFORTS?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	11%	17%	6%	7%	14%	13%	14%	8%
OPPOSE	83%	81%	84%	90%	76%	83%	81%	84%
UNDECIDED	6%	2%	10%	3%	10%	4%	5%	8%

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%	16%	23%	33%	9%	17%	24%	17%
DECREASE	44%	49%	39%	20%	66%	50%	39%	49%
NO CHANGE	20%	21%	20%	24%	16%	19%	22%	18%
NOT SURE	16%	14%	18%	23%	9%	14%	15%	16%

QUESTION: If a plan to pack the U.S. Supreme Court with more Justices succeeds, do you believe the Court would become more independent or less independent?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
MORE	40%	35%	44%	63%	14%	41%	42%	38%
LESS	47%	55%	39%	18%	78%	49%	40%	53%
NO CHANGE	10%	7%	13%	17%	5%	5%	13%	8%
NOT SURE	3%	3%	4%	2%	3%	5%	5%	1%

QUESTION: The calls to pack the U.S. Supreme Court with more Justices have almost exclusively come from Democrats. Do you believe “court-packing” is primarily a partisan proposal intended to increase political power, or not?”

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
YES	63%	71%	56%	37%	93%	60%	58%	67%
NO	29%	25%	32%	53%	3%	31%	35%	24%
NOT SURE	8%	4%	12%	10%	4%	9%	7%	9%

QUESTION: Do you believe the U.S. Supreme Court is currently overworked, or not?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
YES	18%	16%	20%	26%	10%	19%	20%	16%
NO	69%	73%	65%	61%	79%	67%	62%	75%
NOT SURE	13%	11%	15%	13%	11%	14%	18%	9%

QUESTION: Do you support or oppose ending the filibuster in the United States Senate?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	39%	36%	41%	73%	9%	31%	48%	30%
OPPOSE	52%	57%	48%	17%	83%	61%	39%	64%
UNDECIDED	9%	7%	11%	10%	8%	8%	13%	6%

QUESTION: The filibuster requires that 60 Senators must vote for a bill before it can come to the floor of the Senate for a final vote. It is designed as a check on the power of the U.S. House of Representatives, which can move legislation through very quickly with simple majority votes. The filibuster is designed to slow the process so that there is more debate and that final approval of a law has some level of bi-partisan support. Based on this information, do you support or oppose ending the filibuster in the Senate?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	37%	30%	43%	70%	7%	28%	46%	29%
OPPOSE	54%	64%	45%	15%	87%	69%	43%	64%
UNDECIDED	9%	6%	12%	15%	6%	3%	11%	7%

QUESTION: If your U.S. Senator voted to remove the filibuster rule and pack the Supreme Court, would you be more likely to vote to re-elect him or her or less likely to vote to re-elect him or her?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
MORE LIKELY	31%	23%	38%	57%	6%	25%	38%	24%
LESS LIKELY	54%	65%	44%	27%	81%	56%	45%	62%
NO EFFECT	15%	12%	18%	16%	13%	19%	17%	14%

QUESTION: President Biden recently formed the “Presidential Commission on the Supreme Court of the United States.” The purpose of the Commission is, “to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals.” Do you support or oppose the formation of the Presidential Commission on the Supreme Court of the United States?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
SUPPORT	43%	41%	45%	84%	13%	23%	53%	35%
OPPOSE	51%	56%	46%	10%	84%	66%	41%	59%
UNDECIDED	6%	3%	9%	6%	3%	11%	6%	6%

QUESTION: President Biden’s U.S. Supreme Court Commission will be filled with scholars, former judges, and lawyers who have previously argued before the Court. When it comes to making its recommendations, do you feel such a group will equally consider the interests and values of average citizens or will it be more influenced by the interests and values of the political establishment?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
CITIZENS	35%	31%	38%	63%	12%	27%	38%	32%
ESTABLISHMENT	52%	58%	47%	20%	79%	62%	46%	57%
NOT SURE	13%	11%	15%	17%	9%	11%	16%	11%

QUESTION: By a margin of nearly 2 to 1, the members of the President’s commission are more liberal than conservative. Do you feel President Biden’s U.S. Supreme Court Commission is more likely to conduct an objective review of court reform proposals or more likely to rubber stamp proposals being advanced by partisan political groups?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
OBJECTIVE	39%	35%	43%	77%	7%	29%	42%	36%
RUBBER STAMP	52%	60%	45%	16%	87%	55%	47%	57%
NOT SURE	9%	5%	12%	7%	6%	16%	11%	7%

QUESTION: In 1937, President Franklin Roosevelt attempted to pack the court. Though President Roosevelt was not successful in adding Justices to the Supreme Court, experts agree that his court-packing efforts resulted in more favorable decisions by the Justices on President Roosevelt’s legislative agenda. Do you believe President Biden is using the threat of court packing is an attempt to influence the current Justices of the U.S. Supreme Court to protect his legislative agenda, or not?

	NATIONWIDE	MALE	FEMALE	DEMS	REPS	INDS	<50	50+
YES	57%	67%	48%	37%	74%	64%	53%	61%
NO	37%	27%	46%	56%	19%	33%	39%	35%
NOT SURE	6%	6%	6%	7%	7%	3%	8%	4%

DEMOGRAPHICS

PARTY	Democrat	420 (38%)
	Republican	381 (35%)
	Independent/Other	299 (27%)

AGE	18-34	203 (18%)
	35-49	294 (27%)
	50-64	307 (28%)
	65+	272 (25%)
	Refused	24 (2%)

RACE/ETHNICITY:	White/Caucasian	737 (67%)
	Black/African American	143 (13%)
	Hispanic/Latino	154 (14%)
	Other/Refused	66 (6%)

GENDER ID:	Male	519 (47%)
	Female	575 (52%)
	Other	6 (1%)

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