Survey: Majority of Voters Oppose Supreme Court Packing, Most Democrats Support It

The American flag flies at half staff for late US Supreme Court Justice Ruth Bader Ginsbur
SAUL LOEB/AFP via Getty Images

Most voters oppose expanding the Supreme Court — a recent proposal of radical Democrats — while the majority of Democrats support it, a Rasmussen Reports survey released Tuesday found.

Last week, Democrats unveiled their court-packing bill, which would add four Biden-appointed justices to the Supreme Court, bringing the number of those sitting on the high Court from nine to 13.

Declaring that the Court has a “stilted, illegitimate 6-3 conservative majority” — a controversial analysis rejected by many on the right who question whether the Court has a consistent conservative majority at all — Sen. Ed Markey (D-MA) described the proposal as a way to “repair” the “damage” Republicans have done.

“Expanding the Supreme Court rights the wrongs the Republicans have done to this great Court. Expanding the Supreme Court is equal justice and will ensure equal justice is dispensed to all Americans,” Markey said during a press conference last week.

However, a majority of U.S. likely voters appear to disagree with Markey’s assessment.

When asked if they favor or oppose increasing the number of justices on the Supreme Court, 55 percent of likely voters said they opposed the idea, compared to 33 percent who favored it. Opinions were split on party lines, as 54 percent of Democrats said they favored the idea, compared to 77 percent of Republicans who said they opposed it. A majority of those unaffiliated with either party, 58 percent, also said they opposed expanding the Court.

When asked more specifically about the Democrat efforts to increase the number of Supreme Court justices from nine to 13, 52 percent said they either “strongly” or “somewhat” disapproved, while 40 percent said they either “strongly” or “somewhat” approved.

The survey also asked respondents if Supreme Court justices should be subject to term limits. Fifty percent said yes, while just over one-third, or 35 percent, said no. Fifteen percent remained unsure. A plurality of Republicans (47 percent) and independent voters (49 percent) said justices should be subject to term limits, while a majority of Democrats, 54 percent, agreed.

The survey, taken April 15 and April 18 among 1,000 likely voters, has a margin of error is +/- 3 percent.

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