THE TIMES POLL : Philosophy of High Court ‘Just About Right,’ 50% Say

Despite a recent unpopular ruling in a major abortion case, the U.S. Supreme Court enjoys overall support from the American public, particularly in its tough stand in drug cases, The Times Poll has found.

A 53% majority has a favorable impression of the court, compared to only 22% with an unfavorable view; 25% have no opinion.

“We don’t get a sense that the public thinks the court is moving too far to the right or is too powerful or that law enforcement officials have gotten too much authority from the court,” said John Brennan, poll director.

The poll found that only 26% of the public think the court is too conservative, 15% say it is too liberal and 50% say its philosophy is “just about right.”

Sixty-three percent said the court has about the right amount of power, 21% said it is too powerful and 12% said it’s not powerful enough.

Only 25% said the court is giving too much power to law enforcement officials, 50% said it is striking the right balance between individual liberties and police, and 13% contend that it is giving too much power to individuals.

Yet, 45% of Americans remain doubtful that the court truly represents the opinions and beliefs of people like themselves. Among both blacks and liberals, six in 10 said the court does not represent their views, while only 34% of conservatives held that opinion.

Still, the court is viewed favorably by more Americans today than two years ago--right after it handed down the controversial Webster decision that gave states more authority to regulate abortions. In a June, 1989, Times Poll, 40% viewed the court favorably and 34% unfavorably, with 26% undecided.

The new nationwide Times Poll was conducted Friday through Sunday, starting the morning after Associate Justice Thurgood Marshall announced his resignation as the court’s only black member. The margin of sampling error is plus or minus 3 percentage points.

Of 1,439 adult Americans polled by telephone, 65% said President Bush need not have made “a special effort” to find another minority member for the court. In announcing Monday’s nomination of federal appellate Judge Clarence Thomas to succeed Marshall, the President said that Thomas’ race had nothing to do with the appointment.

Still, Thomas’ appointment may sit well with many black Americans--notwithstanding his conservative views on such issues as racial job quotas. Fifty-four percent of blacks said over the weekend that Bush should seek out a qualified minority member to replace Marshall, as opposed to 39% of blacks who said the President should not. Only 27% of whites said Bush should seek out a minority member.

Of four recent Supreme Court decisions included in the poll, the only one with which the public strongly disagreed is the abortion case. The court ruled that the government may ban physicians and other health care providers in federally funded family clinics from informing pregnant women that abortion is an option. Sixty-six percent of those polled disagreed with the ruling; 30% approved.

In contrast, 61% approved the court’s decision allowing states to impose life-without-parole sentences against first-time offenders for possession of large amounts illicit drugs. Thirty-seven percent disapproved.

The numbers were virtually identical on another recent criminal case: 62% endorsed a ruling that policemen may conduct mass searches of passengers in buses and trains without a search warrant as long as they obtain the consent of each person searched. Thirty-six percent disapproved of the ruling.

The public was decidedly more ambivalent about the fourth ruling--that communities may ban nude dancing. Fifty-three percent approved; 44% disapproved.

However, the public is not paying tremendous attention to those decisions: Just 11% said they have followed the court’s decisions of the last few months very closely, and 38% said they have followed them somewhat closely.

Many more Americans have been following the controversy involving White House Chief of Staff John H. Sununu. Thirty-seven percent said they are following it somewhat closely and 27% said very closely.

The poll found no consensus on whether Sununu’s trips, often for personal and political purposes and financed by taxpayers or corporations, should lead to his resignation.

Thirty percent said Sununu should resign, 29% said he should not, and 41% answered “don’t know.” But, on a follow-up question, 21% said Sununu’s activities have made them feel “less favorable” toward the President; 71% said it had no effect on their view of Bush.

Bush himself continued to enjoy wide--though slightly diminished--public support, with a 74% approval rating and a 23% disapproval rating. In a Times poll in early April, the President had an 82% approval rating.

The public was far less approving of his handling of the economy--45% approved of his policies and 46% disapproved. On foreign affairs, Bush had a 71% approval rating, down seven points from a Times poll in early April.

The poll detected a growing concern among Americans about the state of civil liberties. Fifty-three percent of those polled said they are very concerned that they may lose some constitutional freedoms in the coming years. Another 29% are moderately concerned about that.

When asked whether personal freedoms and the right of dissent are being curbed, 46% agreed, 48% disagreed. In a 1970 Gallup survey, only 28% agreed and 64% disagreed.

But the poll found Americans divided on the source of the threat to constitutional rights. Forty-five percent said the greater threat was from individuals and groups that abuse freedom, while 48% said individuals and groups that want to limit freedoms were a greater concern.

And, although half of respondents were disturbed primarily by government intrusion into private lives, four in 10 said government’s protection of activities that flout family values was a bigger problem.

HOW THE POLL WAS CONDUCTED

The Times Poll interviewed 1,439 adult Americans nationwide by telephone June 28-30. Telephone numbers were generated from a computer list that includes all telephone exchanges in the nation. Random-digit dialing techniques were used to ensure that both listed and unlisted residences could be contacted. Results are adjusted slightly to conform with census figures on characteristics such as sex, race, age, education and household size. The margin of sampling error for percentages based on the total sample is plus or minus 3 percentage points. For percentages based on certain subgroups, the error margin is somewhat higher.

The Times Poll - Feelings About the Supreme Court

The poll interviewed 1,439 adult Americans by telephone June 28-30 about the performance of the high court.

All Men Women Anglos Blacks Liberals Mod. Overall Impression: Very Favorable 10% 12% 9% 11% 4% 7% 10% Somewhat Favorable 43% 43% 43% 43% 52% 43% 47% Somewhat Unfavorable 18% 19% 16% 18% 7% 24% 19% Very Unfavorable 5% 6% 3% 4% 7% 10% 3% Don’t Know 24% 20% 29% 24% 30% 16% 21% Is Too Powerful 21% 24% 19% 22% 22% 25% 21% Is Not Powerful Enough 12% 9% 14% 9% 21% 10% 11% Has Right Amount of 63% 65% 62% 64% 54% 62% 66% Power Don’t Know 4% 2% 5% 5% 3% 3% 2% Is Too Liberal 15% 15% 15% 15% 11% 10% 12% Is Too Conservative 26% 29% 24% 25% 29% 48% 29% Just About Right 50% 49% 50% 50% 53% 37% 52% Don’t Know 9% 7% 11% 10% 7% 5% 7% Reflects Your Beliefs 43% 42% 43% 45% 27% 32% 42% Does Not Reflect Your 45% 44% 46% 43% 59% 59% 43% Beliefs Don’t Know 12% 14% 11% 12% 14% 9% 15% Court Gives Too Much Power To: Individuals: 13% 14% 13% 14% 11% 11% 14% Law Enforcement 26% 26% 25% 22% 48% 37% 26% Officials Strikes Right Balance 50% 51% 50% 52% 36% 44% 51% Don’t Know 11% 9% 12% 12% 5% 8% 9%

Conservatives Overall Impression: Very Favorable 15% Somewhat Favorable 51% Somewhat Unfavorable 16% Very Unfavorable 4% Don’t Know 14% Is Too Powerful 21% Is Not Powerful Enough 9% Has Right Amount of 67% Power Don’t Know 3% Is Too Liberal 24% Is Too Conservative 12% Just About Right 59% Don’t Know 5% Reflects Your Beliefs 56% Does Not Reflect Your 34% Beliefs Don’t Know 10% Court Gives Too Much Power To: Individuals: 18% Law Enforcement 16% Officials Strikes Right Balance 56% Don’t Know 10%