The Public & the Supreme Court

It is “big decisions” week at the U.S. Supreme Court. While most people have an opinion about how the Court is handling its job, the details are often obscure to a substantial share of the public. This week’s decisions will come as surprises to many who don’t follow the Court’s docket. …

Most people don’t pay as much attention to either politics or the Court as you, dear reader, or I. This means public reaction to Court decisions may not follow what elite expectations may be, simply because much of the public wasn’t expecting the cases to be decided. Even in Dobbs, a substantial 30% didn’t see the case coming as late as March 2022.

Further, given how much partisanship affects perceptions of the Court, the 25-30% who believe there is a majority appointed by Democratic presidents will have curiously distorted opinions of the court. …

There is a reporting and messaging lesson here. A substantial share of the audience you are trying to reach is likely unaware of some facts you take for granted. It is important to expand awareness of those facts by making them part of your story, even if they seem “obvious.” CONTINUED

Charles Franklin (Marquette Law School), PollsAndVotes


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