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.
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.
U.S. AbortionLandscape
The Supreme Court Aligned With Public Opinion in Most Major Cases This Term
ByAdam LiptakandAlicia ParlapianoUpdatedJuly 9, 2020
In the Supreme Court’s first full term since the arrival of Justice Brett M. Kavanaughshifted 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.
A recent surveyfrom researchers at Harvard, Stanford and the University of Texas suggests that the public aligns with the court's major decisions this term. A notable exception: The court ruled that the president may for now block disclosure of his financial records to Congress, but 61 percent of Americans do not believe he should be able to do so.
7-2
DECIDED JULY 9
Presidential Power
7-2
DECIDED JULY 9
InTrump v. Mazars USA, the court ruled that Mr. Trump may for now block disclosure of his financial records to House committees.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
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
7-2
DECIDED JULY 9
Presidential Power
7-2
DECIDED JULY 9
InTrump v. Vance, the court ruled that Mr. Trump cannot block disclosure of his financial records to New York prosecutors.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
Question wording:New York state prosecutors are conducting a criminal investigation of President Trump. They have requested financial records related to Mr. 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
5-4
DECIDED JULY 9
Native Americans
5-4
DECIDED JULY 9
InMcGirt v. Oklahoma, the court ruled that much of eastern Oklahoma is an Indian reservation.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
7-2
DECIDED JULY 8
Contraception
7-2
DECIDED JULY 8
InLittle Sisters of the Poor v. Pennsylvania, the court ruled that the Trump administration can allow employers to deny contraception coverage to female workers on religious or moral grounds.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
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
7-2
DECIDED JULY 8
Religious Employers
7-2
DECIDED JULY 8
InOur Lady of Guadalupe School v. Morrissey-Berru, the court ruled that employment discrimination laws do not apply to teachers at religious schools.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
9-0
DECIDED JULY 6
Electoral College
9-0
DECIDED JULY 6
InChiafalo v. Washington, the court ruled that states may require members of the Electoral College to vote for the candidates they had pledged to support.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
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
5-4
DECIDED JUNE 30
Church and State
5-4
DECIDED JUNE 30
InEspinoza v. Montana Department of Revenue, the court ruled that states may not exclude religious schools from programs that provide scholarships to students attending private schools.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
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
5-4
DECIDED JUNE 29
Abortion
5-4
DECIDED JUNE 29
InJune Medical Services v. Russo, the court ruled that a Louisiana law violated the Constitution when it required doctors performing abortions to have admitting privileges at nearby hospitals.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
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
5-4
DECIDED JUNE 29
Independent Agencies
5-4
DECIDED JUNE 29
InSeila Law LLC v. Consumer Financial Protection Bureau, the court ruled that the president may fire the director of the Consumer Financial Protection Bureau without cause.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
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
5-4
DECIDED JUNE 18
Immigration
5-4
DECIDED JUNE 18
InDepartment of Homeland Security v. Regents of the University of California, the court ruled that the Trump administration could not immediately shut down DACA, a program that shields about 700,000 young immigrants known as Dreamers from deportation and allows them to work.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
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
6-3
DECIDED JUNE 15
Gay and Transgender Rights
6-3
DECIDED JUNE 15
The court ruled that the Civil Rights Act of 1964protects gay and transgender workersfrom workplace discrimination. The court considered two cases concerning gay rights, Bostock v. Clayton and Altitude Express v. Zarda, and one case concerning transgender rights, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Where the public stands
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
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
Juries
6-3
DECIDED APRIL 20
InRamos v. Louisiana, the court ruled that the Constitution requires unanimous jury verdicts to convict defendants of serious crimes.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
9-0
DECIDED MAY 7
Public Corruption
9-0
DECIDED MAY 7
InKelly v. United States, the court overturned the convictions of two associates of Chris Christie, the former governor of New Jersey, in the Bridgegate scandal.
Sotomayor
Ginsburg
Kagan
Breyer
Roberts
Kavanaugh
Alito
Gorsuch
Thomas
Polling data comes from theSCOTUSPollproject by Stephen Jessee, University of Texas at Austin; Neil Malhotra, Stanford Graduate School of Business; and Maya Sen, Harvard Kennedy School. It is based on a survey conducted online by YouGov from April 29 to May 12 using a representative sample of 2,000 American adults. The survey has a margin of error of 2.2 pct. pts.
An earlier version of this graphic misstated how two of the justices voted in two cases: Trump v. Mazars and Trump v. Vance. In both rulings, it was Justice Gorsuch who voted with the majority and Justice Alito who dissented, not the other way around.