In the Supreme Court’s first full term since the arrival of Justice Brett M. Kavanaugh shifted it to the right, the justices confronted an unusually potent mix of political and social issues in the middle of both a presidential election year and a public health crisis.
Among the decisions that are likely to capture public attention as the presidential campaign enters its final months are ones on abortion, gay rights, the fate of young immigrants known as Dreamers and access to President Trump’s financial records. A new survey from researchers at Harvard, Stanford and the University of Texas suggests that the public generally supports the politically liberal position in all of those cases, though Democrats and Republicans are deeply divided over several of them.
6-3
DECIDED JUNE 15
Liberal Bloc
Sotomayor
Ginsburg
Kagan
Breyer
Conservative Bloc
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
| It should be illegal for employees to be fired based on sexual orientation | It should be legal for employers to fire people based on sexual orientation | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: Some people believe that it should be illegal for employees to be fired based on their sexual orientation because it is discrimination on the basis of sex. Other people think that it should be legal because it is not discrimination on the basis of sex. What do you think? | Source: SCOTUSPoll
| It should be illegal for employees to be fired for being transgender | It should be legal for employees to be fired for being transgender | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: Some people believe that it should be illegal for employees to be fired for being transgender because it is discrimination on the basis of sex. Other people think that it should be legal because it is not discrimination on the basis of sex. What do you think? | Source: SCOTUSPoll
6-3
DECIDED APRIL 20
Liberal Bloc
Sotomayor
Ginsburg
Kagan
Breyer
Conservative Bloc
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
9-0
DECIDED MAY 7
Public Corruption
9-0
DECIDED MAY 7
The court overturned the convictions of two associates of Chris Christie, the former governor of New Jersey, in the Bridgegate scandal.
Liberal Bloc
Sotomayor
Ginsburg
Kagan
Breyer
Conservative Bloc
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Immigration
The court is considering whether the Trump administration can shut down a program that shields about 700,000 young immigrants known as Dreamers from deportation and allows them to work.
Where the public stands
| The DACA program should remain | The DACA program should be ended | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: Deferred Action for Childhood Arrivals (DACA) was created by President Obama to protect undocumented immigrants who have lived in the U.S. since childhood from deportation. President Trump wants the Department of Homeland Security to end DACA. What do you think? | Source: SCOTUSPoll
Church and State
The court is considering whether states may exclude religious schools from programs that provide scholarships to students attending private schools.
Where the public stands
| States should be allowed to ban the use of subsidized scholarships for religious schools | States should not be allowed to ban the use of subsidized scholarships for religious schools | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: The state of Montana has banned students from using taxpayer-subsidized scholarships to attend religious schools. Some people think this rule is an acceptable restriction. Other people think this rule violates people’s constitutional rights. What do you think? | Source: SCOTUSPoll
Independent Agencies
The court is considering whether the president may fire the director of the Consumer Financial Protection Bureau without cause.
Where the public stands
| The structure of the C.F.P.B. is appropriate | The C.F.P.B. has too much independent power | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: In 2010, Congress established the Consumer Financial Protection Bureau (C.F.P.B.) as an independent consumer protection agency. In doing so, Congress severely limited the president’s ability to remove the agency’s director. Some people think the structure of the C.F.P.B. is appropriate. Others disagree and believe that this gave the C.F.P.B. too much independent power, since it is very difficult for the president to remove the agency’s director. What do you think? | Source: SCOTUSPoll
Abortion
The court is considering the constitutionality of a Louisiana law requiring doctors performing abortions to have admitting privileges at nearby hospitals.
Where the public stands
| States’ requiring abortion providers to have admitting privileges does violate women’s constitutional rights | States’ requiring abortion providers to have admitting privileges does not violate women’s constitutional rights | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: Louisiana passed a law requiring abortion providers to be able to send patients to nearby hospitals, a practice known as “admitting privileges.” This law would mean that all abortion providers in the state except for one would be forced to close. Some people believe that Louisiana’s law violates women’s constitutional rights. Other people believe that the law does not violate women’s constitutional rights. What do you think? | Source: SCOTUSPoll
Contraception
The court is considering whether the Trump administration can allow employers to deny contraception coverage to female workers on religious or moral grounds.
Where the public stands
| Employers should be forced to cover contraceptives | Employers should not be forced to cover contraceptives | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: The Affordable Care Act requires that health insurance plans for women include coverage for contraceptives (birth control), but the Trump administration recently passed regulations that greatly expanded exceptions to this mandate to include exemptions on the basis of religious or “moral” objections. Some people think that employers should not be forced to cover contraceptives if they express either a religious or a “moral” objection. Other people think that these employers should be forced to cover contraceptives. What do you think? | Source: SCOTUSPoll
Native Americans
The court is considering whether much of eastern Oklahoma is an Indian reservation.
Religious Employers
The court is considering whether employment discrimination laws apply to teachers at religious schools.
Presidential Power
The court is considering whether Mr. Trump can block disclosure of his financial records to House committees.
Where the public stands
| A president should not be able to block turning over his financial records to Congress | A president should be able to block turning over his financial records to Congress | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: A congressional committee has requested records related to President Trump’s taxes and finances from his activities prior to becoming president from his accounting firm and other companies. Some people believe that a president should be able to block such companies from turning over his financial records to congressional committees. Other people believe that the companies must comply with the congressional committee’s request. What do you think? | Source: SCOTUSPoll
Presidential Power
The court is considering whether Mr. Trump can block disclosure of his financial records to New York prosecutors.
Where the public stands
| Prosecutors have the right to obtain a president’s tax records | A president does not have to turn over his tax records to prosecutors | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: New York state prosecutors are conducting a criminal investigation of President Trump. They have requested financial records related to President Trump’s taxes and finances from his activities prior to becoming president from his accounting firm and other companies. Some people believe that New York state prosecutors have the right to obtain a president’s tax records. Others believe that a president does not have to turn over his tax records to state prosecutors. What do you think? | Source: SCOTUSPoll
Electoral College
The court is considering whether states may require members of the Electoral College to vote for the candidates they had pledged to support.
Where the public stands
| States should be able to require electors to vote for the candidate who won their state | States should not be able to require electors to vote for the candidate who won their state | |
|---|---|---|
| All | ||
| Democrats | ||
| Independents | ||
| Republicans | ||
Question wording: In the U.S., the president is chosen by the Electoral College, comprised of “electors” from all 50 states and the District of Columbia. Some people think that states should be able to require Electoral College electors to vote for the person who won the majority of votes in the state and not some other person. However, some people think that electors should be able to vote for whomever they want. What do you think? | Source: SCOTUSPoll
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The Major Supreme Court Cases This Term and What the Public Thinks - The New York Times
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