7/3/2021 The Supreme Court Aligned With Public Opinion in Most Major Cases This Term - The New York Times sijeNeurjjorkfce* Supreme Court & Public Opinion The Supreme Court Aligned With Public Opinion in Most Major Cases This Term 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. A recent survey from 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. DECIDED JULY 9 In Trump v. Mazars USA, the court ruled that Mr. Trump may for now block disclosure of his financial records to House committees. By Adam Lipták and Alicia Parlapiano Updated July 9, 2020 (2019) Presidential Power LIBERAL BLOC CONSERVATIVE BLOC i r Sotomayor Ginsburg Kagan Breyer Roberts Kavanaugh Gorsuch 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 61% 39% https://www.nytimesxom/interadive/2020/06/15/us/supreme-court-major-cases-2020.html?searchResultPosition=1 1/10 7/3/2021 The Supreme Court Aligned With Public Opinion in Most Major Cases This Term - The New York Times Dem. 85% 15% Ind. 60% 40% Repu b. 32% 69% 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 7-2 DECIDED JULY 9 In Trump v. Vance, the court ruled that Mr. Trump cannot block disclosure of his financial records to New York prosecutors. LIBERAL BLOC CONSERVATIVE BLOC Sotomayor Ginsburg Kagan Breyer Roberts Kavanaugh Gorsuch 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 61% 39% Dem. 86% 15% Ind. 63% 37% Repu b. 28% 72% 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 https://www.nytimes.com/interactive/2020/06/15/us/supreme-court-major-cases-2020.html?searchResultPosition=1 2/10 7/3/2021 The Supreme Court Aligned With Public Opinion in Most Major Cases This Term - The New York Times Native Americans 5-4 DECIDED JULY 9 In McGirt v. Oklahoma, the court ruled that much of eastern Oklahoma is an Indian reservation. LIBERAL BLOC CONSERVATIVE BLOC Sotomayor Ginsburg Kagan Breyer Gorsuch Contraception 7-2 DECIDED JULY 8 In Little 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. LIBERAL BLOC CONSERVATIVE BLOC Kagan Breyer Roberts Kavanaugh Alito Gorsuch Thomas Where the public stands Employers should be forced to cover Employers should not be forced to cover contraceptives contraceptives 47% 53% 34% https://www.nytimes.com/interactive/2020/06/15/us/supreme-court-major-cases-2020.html?searchResultPosition=1 7/3/2021 The Supreme Court Aligned With Public Opinion in Most Major Cases This Term - The New York Times 42% 58% 31% 69% 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 Religious Employers 7-2 DECIDED JULY 8 In Our Lady of Guadalupe School v. Morrissey-Berru, the court ruled that employment discrimination laws do not apply to teachers at religious schools. LIBERAL BLOC CONSERVATIVE BLOC f| fe- 9 (P P A & .» hi Kagan Breyer Roberts Kavanaugh Alito Gorsuch Thomas Electoral College 9-0 DECIDED JULY 6 In Chiafalo v. Washington, the court ruled that states may require members of the Electoral College to vote for the candidates they had pledged to support. LIBERAL BLOC CONSERVATIVE BLOC -1 I- ftS96 9 6 6 t Q https://www.nytimes.com/interactive/2020/06/15/us/supreme-court-major-cases-2020.html?searchResultPosition=1 4/10 7/3/2021 The Supreme Court Aligned With Public Opinion in Most Major Cases This Term - The New York Times Sotomayor Ginsburg Kagan Breyer Roberts Kavanaugh Alito Gorsuch Thomas Where the public stands States should be able to require electors States should not be able to require to vote for the candidate who won their electors to vote for the candidate who won state their state All 61% 39% Dem. 65% 35% Ind. 60% 40% Repu b. 59% 41% 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 Church and State 5-4 DECIDED JUNE 30 In Espinoza 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. LIBERAL BLOC CONSERVATIVE BLOC -1 I- 4 V* V ► Roberts Kavanaugh Alito Gorsuch Thomas Where the public stands States should be allowed to ban the use States should not be allowed to ban the of subsidized scholarships for religious use of subsidized scholarships for religious schools schools 37% 63% 54% https://www.nytimes.com/interactive/2020/06/15/us/supreme-court-major-cases-2020.html?searchResultPosition=1 5/10 7/3/2021 The Supreme Court Aligned With Public Opinion in Most Major Cases This Term - The New York Times 37% 64% 26% 75% 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 Abortion 5-4 DECIDED JUNE 29 In June 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. LIBERAL BLOC CONSERVATIVE BLOC Sotomayor Ginsburg Kagan Breyer Roberts Where the public stands States' requiring abortion providers to States' requiring abortion providers to have have admitting privileges does violate admitting privileges does not violate women's constitutional rights women's constitutional rights All 57% 43% Dem. 73% 28% Ind. 56% 45% Repu b. 39% 61% 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 Independent Agencies https://www.nytimes.com/interactive/2020/06/15/us/supreme-court-major-cases-2020.html?searchResultPosition=1 6/10 7/3/2021 The Supreme Court Aligned With Public Opinion in Most Major Cases This Term - The New York Times 5-4 DECIDED JUNE 29 In Seila 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. LIBERAL BLOC CONSERVATIVE BLOC n r So l o mayor Ginsburg 4 > V * Roberts Gorsuch Thomas Where the public stands The structure of the OERB. is The C.EP.B. has too much independent appropriate power All 56% 44% Dem. 77% 23% Ind. 56% 44% Repu b. 30% 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.RB. is appropriate. Others disagree and believe that this gave the C.F.RB. too much independent power, since it is very difficult for the president to remove the agency's director. What do you think? | Source: SCOTUSPoll Immigration 5-4 DECIDED JUNE 18 https://www.nytimes.com/interactive/2020/06/15/us/supreme-court-major-cases-2020.html?searchResultPosition=1 7/10 7/3/2021 The Supreme Court Aligned With Public Opinion in Most Major Cases This Term - The New York Times In Department 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. LIBERAL BLOC CONSERVATIVE BLOC Sotomayor Ginsburg Kagan Breyer Roberts Where the public stands The DACA program should remain The DACA program should be ended All 61% 39% Dem. 85% 15% Ind. 61% 39% Repu b. 30% 70% 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 Gay and Transgender Rights 6-3 DECIDED JUNE 15 The court ruled that the Civil Rights Act of 1964 protects gay and transgender workers from 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. LIBERAL BLOC CONSERVATIVE BLOC -1 I- (%

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