MaryBeth Matzek, Wisconsin Law Journal//June 2, 2025//
MaryBeth Matzek, Wisconsin Law Journal//June 2, 2025//
IN BRIEF
A Marquette Law School Poll national survey finds strong support for federal courts when they rule against the president on legal matters.
When asked whether a president must obey a ruling by a federal court, 79% say the president must obey and 21% say the president can ignore the ruling. When the question asks about a ruling by the U.S. Supreme Court, slightly more, 84%, say the president must obey the Supreme Court, while 16% say the president can ignore the order.
When asked in December, 79% said the president must obey rulings of the Supreme Court. The question about a ruling by “a federal court” was asked for the first time in the May survey.
The survey was conducted May 5-15, 2025, interviewing 1,004 adults nationwide, with a margin of error of +/-3.6 percentage points.
Large majorities of all partisan groups say the president must obey court rulings. There is variation across partisan identification, with Republicans and independents somewhat more likely to say presidents can ignore rulings than are Democrats, but more than 70% of each party say judicial rulings must be followed, whether the phrasing of the question involves a ruling from a lower federal court or a ruling from the Supreme Cour
There has been very little change in opinion among Republicans since December, when 79% of Republicans said a president must obey the Supreme Court. In May, 78% said that. Likewise, independents have not changed at all, with 78% in both December and May saying a president must obey the court. Among Democrats, in contrast, there has been a sharp rise in the percentage saying a president must obey the court, from 79% in December to 93% in May.
In recent months, as both federal district courts and the Supreme Court have ruled against President Donald Trump’s administration in several cases, both members of Congress and Trump have called for judges to be impeached for ruling against some of Trump’s actions. Seventy percent of survey respondents say judges should not be impeached for such rulings, while 30% say they should be impeached.
When asked whether court orders that have temporarily blocked some of the Trump administration‘s executive actions are a proper use of judicial authority, 64% say they are proper and 36% say they are not. Partisan differences are greater on this question. A majority of Republicans, 61%, say they are not proper, while 87% of Democrats say they are proper, as do 69% of independents.
Since taking office, Trump has frozen spending and closed agencies that have been authorized by Congress. Sixty-two percent say this is beyond the president’s authority, while 38% say the president has this authority. These views are little changed from March when 64% said this exceed his authority.
On this matter, 63% of Republicans say the president has the authority to freeze or close agencies, while 64% of independents and 88% of Democrats say he does not have this power
In April, the Supreme Court ruled that federal law requires the Trump administration to facilitate the return of a man, Kilmar Abrego Garcia, erroneously deported to El Salvador. This ruling is favored by 67% in the survey and opposed by 33%. A majority of Republicans oppose this ruling, 59%, while majorities of independents, 65%, and Democrats, 94%, favor the Court’s ruling.
Also in April, the Supreme Court said that those the administration is seeking to deport under the Alien Enemies Act must receive notice that they are subject to deportation within a reasonable time and in such a manner as will allow them to actually seek court review before such deportation occurs. Sixty-five percent favor this ruling and 35% oppose it. A majority of Republicans oppose the ruling, 57%, while majorities of independents, 61%, and Democrats, 90%, favor it.
In the case of Republicans who oppose these two rulings, large majorities nonetheless say the president must obey Supreme Court decisions. Among those Republicans who oppose the decision to facilitate the return of a prisoner from El Salvador, 75% say the presidents must obey Supreme Court rulings. Likewise among those Republicans opposed to the due process ruling, 79% say presidents must obey the court.
In April, the Supreme Court heard arguments in a case asking whether parents of elementary school students should be able to opt their children out of reading classes concerning stories about LGBTQ+ characters if those stories conflict with the families’ religious beliefs. A majority, 70%, say parents should be able to opt their children out, while 30% say they should not.
Parents of school-age children are only slightly more likely to favor requiring the opt-out option, 72%, than are those without children, 69%.
Approval of the Supreme Court in May stands at 53%, with 47% who disapprove. Approval has held above 50% in January, March and May 2025 surveys by the Marquette Law School Poll. Prior to that, approval of the Court was below 50% from May 2022 through December 2024.