Both Democratic and Republican voters in Rhode Island back a binding code of conduct for the U.S. Supreme Court in a new poll for Rhode Island Current. (Photo by Jane Norman/States Newsroom)
Earlier this month, U.S. Sen. Sheldon Whitehouse touted national, bipartisan support for proposed reforms to the U.S. Supreme Court.
Do the claims of Rhode Island’s Democratic junior senator hold true among his constituents?
Mostly, according to a new Rhode Island Current poll.
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The poll, conducted by the MassINC Polling Group and funded by a grant from the Knight Election Hub, surveyed 800 likely voters from Sept. 12 to 18.
More than three-quarters of participants backed Whitehouse’s legislation creating a binding code of conduct for the nation’s highest court. While support was strongest among Democrats, 92%, more than six in 10 Republicans also were in favor.
“Part of the appeal of a proposal like a code of conduct is that a fair amount of people are probably like, ‘What do you mean, they don’t have a code of conduct?’” said Richard Parr, senior research analyst for MassINC Polling Group. “It seems like a pretty basic thing to have.”
The shortcomings in judicial conduct and investigations were laid bare by a ProPublica investigation published in April 2023 highlighting luxury gifts and travel accepted by Justice Clarence Thomas. Whitehouse introduced a bill that would establish rules for disclosure of gifts, travel and income and set up a process to investigate judicial misconduct.
Democrats and independents favor term limits
Whitehouse’s other signature court reform would replace lifelong appointments to the court with 18-year term limits. On this question, Democratic and independent voters expressed support, while Republicans were more evenly split: 49% in favor compared with 41% opposed, and 11% unsure or undecided.
“I don’t know if that’s a function of thinking that the current balance of the court is more in Republicans’ favor, so they don’t want it to change,” Parr said.
The findings follow a nationwide survey published Sept. 12 by the Annenberg Public Policy Center. The Annenberg poll, however, indicated stronger support among Republicans for both ethics reforms and term limits than Rhode Island Current’s poll.
Yet both polls highlight the increasing politicization of the Supreme Court, contrary to its intended purpose as the impartial, nonpartisan third branch of government.
This is evident in reaction to the June 2022 court decision overturning Roe v. Wade, ending a 50-year precedent of constitutional access to abortion. Just over half of Rhode Island Current poll participants, 57%, disagreed with the court’s decision, regardless of party affiliation, with an overwhelming 91% of Democrats against it and 51% of independent voters. Support among Republican voters was scarcer: 11% disagreed with the decision to overturn constitutional abortion protections.
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Party affiliation also dictated Rhode Island voters’ views about the July 2024 Supreme Court decision granting partial presidential immunity. The ruling remanded a decision back to the lower court in the criminal case against former President Donald Trump for his role in manipulating 2020 election results. Among Democrats, 87% disagreed with the Supreme Court’s decision, while just over half of unaffiliated voters were in disagreement. Republicans largely supported presidential immunity protections, with 67% in favor compared to 14% against. Another 20% of Republicans were unsure or refused to take a side on this question.
“That suggests a little bit of cognitive dissonance,” Parr said. “Some Republicans are feeling iffy about presidential immunity.”
Partisan divide on court’s favorability
Uncertainty diminishes on the court’s favorability, hovering around 6% or 7%, depending on party. Democrats overwhelmingly view the court through a negative lens — 86% — while nearly as many Republicans have a favorable outlook. Independent voters lean slightly negative, with 49% expressing an unfavorable view compared to 41% with a positive outlook.
Partisanship similarly colored the lens through which voters in Connecticut viewed the pair of court decisions, according to a poll by The Connecticut Mirror.
“The court is being viewed as this partisan football,” Parr said. “It’s probably not a great place for democracy to be. It’s supposed to be the referee as opposed to the player.”
Rhode Island Democrats were also much more likely to think about the Supreme Court when voting in the election, with 58% saying the court matters to them the most in casting a vote for president, versus 22% of Republicans. Nearly four in 10 independent voters said the nation’s highest court was on their minds heading into the upcoming presidential election.
Of the 800 likely voters surveyed, 43% identified as Democrats, 27% as Republicans and 29% as independents. Just over half were women, compared to 47% men. More than eight in 10 survey participants were white, while 16% identified as “all others.” The survey included responses spanning a variety of ages, income levels and education, as well as four geographic regions: Providence County, Kent County, Washington County and a combined category for Bristol and Newport counties.
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