Question

Case Study: The Supreme Court and Public Opinion

The judicial branch is probably the most opaque of the three branches of the federal government. The Court's important role in both shaping and responding to public opinion is somewhat murky, citizens are rarely surveyed directly about the exact questions posed to the Supreme Court, and at the federal level the public has minimal recourse to decisions on which they disagree. Justices are often portrayed as apolitical or nonpartisan, but evidence has shown that justices, for the most part, maintain some degree of ideological consistency that can map onto broad partisan perspectives. Likewise, judicial decisions are often in line with broad public opinion and can shape it as the results of judicial decisions are borne out in the public policy realm. This raises questions about the broader role of the judiciary in the policy-making ecosystem.

One way to think about the role of the Supreme Court in the political system is to examine how decisions line up with broader public opinion at the time when they are made. While the language used in polls often does not align exactly with the judicial question at hand, public opinion data can be a useful proxy for understanding how a decision might be received by the population as a whole. However, we are hampered by data availability, so this is broadly focused on the last seventy years.

Which of the following describes the general trend in public opinion on issues that reach the Supreme Court, as summarized in these cases?
o The Supreme Court has no discernable pattern of alignment with public opinion.
o Supreme Court decisions tend to be broadly aligned with public opinion on most issues.
o The Supreme Court rarely agrees to hear issues that are controversial in the public sphere.
o Supreme Court decisions tend to be contrary to public opinion on most issues.

Answer 1

The Supreme Court's decisions tend to be broadly aligned with public opinion on most issues, but public opinion has a less powerful effect on the courts compared to the other branches of government.

Step-by-step explanation:

Studies have shown that there is a complex relationship between public opinion and judicial decisions, making it difficult to determine a clear pattern. However, some research suggests that the Supreme Court's decisions tend to be broadly aligned with public opinion on most issues.

For example, if the majority of Americans agree on a policy or issue before the court, the court's decision is likely to agree with public opinion. On the other hand, there is also evidence that public opinion has a less powerful effect on the courts compared to the other branches of government.