Why the Supreme Court's popularity suddenly matters


The Supreme Court isn't very popular these days. The court's approval rating has slipped to just 40 percent, Gallup reported Thursday, its lowest since 2000. The court's refusal to block Texas' new anti-abortion law likely contributed to the slide — in July, before that ruling, approval was 9 points higher.
Usually the court is impervious to such concerns. Justices have lifetime appointments, and, as Gallup notes, SCOTUS approval often dips after controversial rulings. Popularity rises and popularity falls, but the court endures.
Yet this time might be different — and more consequential. Gallup also found 37 percent of Americans think the court is "too conservative," a record high up from a low of 20 percent in 2016. That's not a one-off bump, and the present figure nearly equals the 40 percent of Americans who think the court's ideological balance is "about right." Meanwhile, only about 20 percent Americans say the court is "too liberal."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Supreme Court is often controversial, of course, but for three decades, a plurality of Americans were content with its ideological status quo. Thanks to former President Donald Trump's three appointees, however, the Supreme Court has swung sharply to the right in the last five years, and public approval of its philosophical balance swung in kind. One more high-profile conservative ruling — say, a vote to overturn Roe v. Wade — could end many Americans' trust in the institution for good.
That possibility arrives while the court and its workings are under great scrutiny. Progressives have pushed to pack the court with liberal justices or to strip its authority as the last word on constitutional authority. President Biden doesn't seem much interested in going down those roads, but he has appointed a commission to examine possible reforms. Justices seem to be feeling the heat: Amy Coney Barrett and Clarence Thomas have both stepped forward in recent weeks to defend their institution. Changes could be coming.
What those changes look like depends significantly on the court. Chief Justice John Roberts has spent his career guiding the court rightward, albeit slowly and carefully to limit backlash. It's not clear he can keep pursuing stability and conservative drift. What happens next also depends on the electorate: Democratic voters historically haven't been as court-focused as Republicans, but that changed in 2020, and there are signs the abortion ruling crystallized the issue for left-of-center voters. The Supreme Court usually doesn't have to worry about its popularity. Now might be the time to start.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joel Mathis is a writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
A running list of RFK Jr.'s controversies
In Depth The man atop the Department of Health and Human Services has had no shortage of scandals over the years
By Brigid Kennedy
-
Film reviews: Sinners and The King of Kings
Feature Vampires lay siege to a Mississippi juke joint and an animated retelling of Jesus' life
By The Week US
-
Music reviews: Bon Iver, Valerie June, and The Waterboys
Feature "Sable, Fable," "Owls, Omens, and Oracles," "Life, Death, and Dennis Hopper"
By The Week US
-
Why Russia removed the Taliban's terrorist designation
The Explainer Russia had designated the Taliban as a terrorist group over 20 years ago
By Justin Klawans, The Week US
-
Inside the Israel-Turkey geopolitical dance across Syria
THE EXPLAINER As Syria struggles in the wake of the Assad regime's collapse, its neighbors are carefully coordinating to avoid potential military confrontations
By Rafi Schwartz, The Week US
-
'Like a sound from hell': Serbia and sonic weapons
The Explainer Half a million people sign petition alleging Serbian police used an illegal 'sound cannon' to disrupt anti-government protests
By Abby Wilson
-
The arrest of the Philippines' former president leaves the country's drug war in disarray
In the Spotlight Rodrigo Duterte was arrested by the ICC earlier this month
By Justin Klawans, The Week US
-
Ukrainian election: who could replace Zelenskyy?
The Explainer Donald Trump's 'dictator' jibe raises pressure on Ukraine to the polls while the country is under martial law
By Sorcha Bradley, The Week UK
-
Why Serbian protesters set off smoke bombs in parliament
THE EXPLAINER Ongoing anti-corruption protests erupted into full view this week as Serbian protesters threw the country's legislature into chaos
By Rafi Schwartz, The Week US
-
Who is the Hat Man? 'Shadow people' and sleep paralysis
In Depth 'Sleep demons' have plagued our dreams throughout the centuries, but the explanation could be medical
By The Week Staff
-
Was Jimmy Carter America's best ex-president?
Today's Big Question Carter's presidency was marred by the Iran hostage crisis, but his work in the decades after leaving office won him global acclaim
By Sorcha Bradley, The Week UK