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By Jenna Sundel
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Justice Brett Kavanaugh has the lowest net favorability rating among the Supreme Court justices, according to a new poll.
A Marquette Law School poll taken between January 21 and January 28 found that 21 percent of U.S. adults had a favorable opinion of Kavanaugh and 28 percent had an unfavorable opinion, amounting to a net favorability of –7. Others responded that they had never heard of the justice, or they have not heard enough about him.
While other justices also received a negative net favorability rating, Kavanaugh’s was the lowest recorded.
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Why It Matters
Trust in the Supreme Court remains near historic lows, according to polling.
A Gallup poll released in October of last year found that 49 percent of Americans say they trust the Supreme Court either “a great deal” (16 percent) or “a fair amount” (33 percent).
“That level of trust is among the lowest in Gallup’s trend, essentially matching the low point of 47% from 2022,” Gallup said.
What To Know
The poll surveyed 1,003 adults nationwide, with a margin of error of plus or minus 3.4 percentage points.
Kavanaugh, who was appointed during President Donald Trump's first term, had the lowest net, but not the lowest disapproval numbers.
Justice Clarence Thomas, who was appointed by President George H.W. Bush, had the second-lowest net favorability rating of –6, with 25 percent of adults expressing a favorable opinion and 31 percent expressing an unfavorable opinion of the longtime conservative justice, according to the poll. Thomas had the highest percentage of unfavorable opinions recorded in the survey.
Justice Samuel Alito, appointed by President George W. Bush, received a net favorability rating of –3, with 17 percent of adults expressing a favorable opinion and 20 percent expressing an unfavorable opinion, according to the poll.
Justice Amy Coney Barrett, also appointed by Trump, received a net favorability rating of –2, with 20 percent of adults expressing a favorable opinion and 22 percent expressing an unfavorable opinion, according to the poll.
Justice Neil Gorsuch, also appointed by Trump, received a net favorability rating of 0, with 16 percent of adults expressing a favorable opinion and 16 percent expressing an unfavorable opinion, according to the poll. Gorsuch had the lowest percentage of favorable opinions recorded in the survey.
Chief Justice John Roberts, also appointed by George W. Bush, was the only one of the Supreme Court’s six conservative justices to receive a positive net favorability rating. Roberts received a net favorability rating of 1, with 21 percent of adults expressing a favorable opinion and 20 percent expressing an unfavorable opinion, according to the poll.
Justice Sonia Sotomayor, appointed by President Barack Obama, had the highest net favorability rating, 13, with 30 percent of adults expressing a favorable opinion and 17 percent expressing an unfavorable opinion, according to the poll. Sotomayor also had the highest percentage of favorable opinions recorded.
Justice Elena Kagan, also appointed by Obama, received a net favorability rating of 9, with 20 percent of adults expressing a favorable opinion and 11 percent expressing an unfavorable opinion, according to the poll. Kagan had the lowest percentage of unfavorable opinions recorded.
Justice Ketanji Brown Jackson, appointed by President Joe Biden, received a net favorability rating of 7, with 25 percent of adults expressing a favorable opinion and 18 percent expressing an unfavorable opinion, according to the poll.
What People Are Saying
Nikolas Bowie, a Harvard Law School professor who served as a clerk to Justice Sonia Sotomayor, in comments to The New York Times: “Many of the court’s decisions are being made out of the public eye in a way that makes it difficult to assess or criticize them, or to understand what actually motivated the justices. The lack of transparency makes it difficult for the broader public to know how to respond.”
Michael Gerhardt, Burton Craige Distinguished Professor of Jurisprudence at the University of North Carolina, in previous comments to Newsweek: "The Court has made itself increasingly unaccountable and that is not a good thing; the shadow docket, their delegations, their enforcement of their own code of ethics, and interactions in clubs, societies, and other venues away from the public eye underscore how little accountability they have to the law, the public, and to Congress, which controls its budget."
What Happens Next
The Supreme Court is currently in its 2025-2026 term, which is expected to end in June.
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