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This chapter examines the downstream consequences of ideological conflict between the Supreme Court and the American public, arguing that perceived disagreement directly shapes public attitudes toward the institution. Using survey data that measures the ideological distance between citizens’ own policy preferences and their perceptions of the Court’s rulings, the chapter analyzes three key outcomes: approval, legitimacy, and support for institutional reform. The analysis reveals that as perceived ideological disagreement widens, public approval of the Court declines sharply, particularly among Democrats and the politically knowledgeable. While the Court’s more fundamental legitimacy proves more resilient, it also erodes in the face of sustained ideological conflict. Crucially, this dissatisfaction translates into tangible political pressure, as greater disagreement strongly predicts increased public support for Court-curbing measures like term limits and Court expansion. The 2022 Dobbs decision serves as a powerful case study, illustrating how a single, salient ruling can crystallize perceptions of ideological divergence, leading to a polarized decline in the Court’s institutional standing. Ultimately, the findings demonstrate that a Court seen as ideologically distant from the public risks not only its popularity but also its structural independence.
Although the Supreme Court has historically resisted a partisan sorting out of its public legitimacy, today, Republicans and Democrats look at the Court in very different ways. This Element assembles original survey and experimental data to unpack these changes in three ways. First, the authors illustrate the powerful role that partisanship plays in shaping judicial public opinion. Second, they validate a new three-item measure of specific support and show that it reliably predicts perceptions of Supreme Court legitimacy. Finally, they introduce a new, applied measure of support for the rule of law and connect it to specific and diffuse support. Taken as a whole, their work demonstrates that large chunks of the mass public view the Supreme Court critically. Looking ahead, it is unclear whether legitimacy will rebound when citizens perceive that the balance of judicial power within the nation's High Court has fractured along party lines.
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