Gilbert: Can Trump ignore the courts? Here's what polling shows Americans think

Yahoo

a day ago

Almost every day now, a new ruling arrives from the federal courts over President Donald Trump's assertion of powers that have not been claimed or used by presidents before him.
Some of those rulings have gone Trump's way. Some have gone against him, leading the president and his deputies to lash out at the judiciary and accuse it of overreaching.
How does the American public view the simmering Constitutional conflicts between the executive and judicial branches?
It's an evolving story, but the polls suggest that in some important ways the public stands more solidly behind the courts than it does the president.
Consider these findings from the most recent nationwide poll by the Marquette Law School, taken last month and released May 21:
∎ Americans overwhelmingly recognize the judiciary's role in determining the legality of a president's actions. Asked, 'If the Supreme Court rules against the president in a case, does the president have the power to ignore that ruling, or is the president required to do as the ruling says?' Eighty-four percent of adults say the president must obey the court's ruling.
∎ Asked if court orders temporarily blocking some of Trump's executive actions are a proper use of judicial authority, almost two-thirds (64%) say, 'Yes.'
∎ Asked about Trump's call for the impeachment of federal judges who have ruled against some of his spending freezes and closures of federal agencies, 70% say these judges should not be impeached for such rulings.
∎ Asked about two high-profile immigration-related rulings — one ordering the administration to facilitate the return of a man erroneously deported to El Salvador and the other requiring due process for those being deported — well over 60% of adults supported the high court's rulings against the Trump Administration.
On some of these questions, not surprisingly, there is a split between Republicans and people outside the president's party (independents and Democrats). But on others, even Republicans support the courts.
Take the broad question of whether Trump can ignore the Supreme Court. There is notably little partisan difference on this: 78% of Republicans, 78% of independents and 93% of Democrats say the president is required to do as the ruling says.
Viewed one way, this is not an earth-shattering result. After all, the Constitution gives the courts the authority to decide on the legality of the president's actions. This is plain old civics.
But viewed another way, it is a pretty powerful statement, because it is so uncommon these days to find this much agreement across party lines on any high-profile conflict involving this extremely polarizing president.
In other words, the prospect of a president ignoring the courts is unappealing even to Trump's core supporters. Of adults who 'strongly approve' of the job Trump is doing, less than a quarter say the president can ignore a Supreme Court ruling, while 76% say he is required to do as the ruling says.
On some other questions, a majority of Republicans take Trump's side in these collisions. But even in those cases, support for Trump's position falls far short of his overall approval rating within his party (almost 90%). Instead, a very sizable minority of self-identified Republicans side with the judiciary.
Roughly 40% of Republicans say that federal court orders blocking some of Trump's executive actions are a proper use of judicial authority.
In the two immigration cases cited above, about 40% of Republicans support the Supreme Court's rulings against Trump. And almost half of Republicans (46%) oppose the call by Trump and his deputies to impeach federal judges who have ruled against the president.
One other thing to keep in mind about public opinion in this area is that the Supreme Court is more popular than the president. The court has a net positive rating, Trump has a net negative rating: 53% of adults nationwide approve of the court's performance, while 46% approve of Trump's performance, according to this recent Marquette poll.
The court's approval has risen since 2024, while Trump's has declined from its high point at the beginning of his term in January.
The court, which has issued rulings in recent years that have pleased (and outraged) both parties, is also far less polarizing than the president. It gets positive ratings from Republicans, who understand that most of the court's members were appointed by GOP presidents. And while it gets much lower ratings from Democrats, those numbers have been improving as the court has come under fire from Trump. The Supreme Court's approval rating among Democrats rose from 19% in January to 31% in May.
The polling doesn't tell us how future rulings, or further attacks by Trump on judges, or a deeper constitutional conflict between the president and the courts might affect the public's views of the judiciary in the months and years ahead.
It is possible Trump could drive down support for the court within his own party (the polling finds that Republican support is higher for impeaching judges when Trump personally is advocating it than when it is simply members of Congress doing so, a sign of Trump's personal power to move Republican sentiment).
But further attacks by Trump on judges are also likely to increase support for the courts outside the president's political base.
In Marquette's past four national surveys dating back to last fall, the polling has consistently shown that a huge majority of Americans recognize the courts' role in refereeing disputes over executive power.
And so far, that has not been dented by the president's attacks on the courts' actions, motivations and authority.
Craig Gilbert provides Wisconsin political analysis as a fellow with Marquette University Law School's Lubar Center for Public Policy Research and Civic Education. Prior to the fellowship, Gilbert reported on politics for 35 years at the Journal Sentinel, the last 25 in its Washington Bureau. His column continues that independent reporting tradition and goes through the established Journal Sentinel editing process.Follow him on Twitter: @Wisvoter.
This article originally appeared on Milwaukee Journal Sentinel: Trump defying the courts? Here's where the public stands in polling