NCJ Number
130011
Journal
Judicature Volume: 74 Issue: 6 Dated: (April-May 1991) Pages: 322-329
Date Published
1991
Length
8 pages
Annotation
Although the United States Supreme Court headed by Rehnquist is often viewed as a majoritarian court, a comparison of its decisions with nationwide public opinion polls suggests that it has no more often reflected public opinion that did earlier courts.
Abstract
The analysis focused on 14 decisions that could be directly compared with comparable items from public opinion polls. The 14 rulings covered such issues as flag-burning, the death penalty for mentally retarded convicts, discontinued medical treatment for terminally ill patients, the use of school facilities by student religious groups, drug testing for safety employees, and random police searches for drunk drivers. Results showed that individual decisions have run the full gamut from widely popular rulings to widely unpopular rulings. The results call into question the view that the court reflects nationwide public opinion any more or less than did previous courts. Tables and footnotes