Poll: The Supreme Court and Abortion Laws

This Navigator Research report contains polling data on the latest perceptions of abortion rights in the country, including the legality of early medication abortion care, and support for creating a federal protection to access prescription abortion medication. We also take a look at trust in the Supreme Court as the Court prepares to hear arguments on abortion-related cases.

As the Supreme Court hears arguments related to abortion cases, Americans continue to be split on their views of the Court.

By a 12-point margin, Americans say they trust the Supreme Court to make the right decisions in the future (56 percent trust – 44 percent do not trust), largely driven by three in four Republicans who say they trust the Court (77 percent, up 17 points since November 2023). This is the first time trust in the Court is net positive since prior to the decision overturning Roe v. Wade was leaked in 2022. Nearly three in five Democrats and independents say they do not trust the Court to make the right decisions (61 percent and 57 percent, respectively). 

• However, favorability of the Supreme Court is more split (net -1; 45 percent favorable – 46 percent unfavorable), with majorities of Democrats (64 percent) and independents (53 percent) viewing the Court unfavorably, while two in three Republicans are favorable to the Court (66 percent). 
• While trust in the Court has rebounded modestly since 2022, a plurality of Americans believe the Court is making decisions that take away freedoms (45 percent) rather than protect freedoms (34 percent). A majority of Republicans say the Court is making decisions that protect freedoms (52 percent), while two in three Democrats (65 percent) and a plurality of independents (43 percent) say the Court is taking away freedoms. 
• A majority of women say they do not trust the Court to make the right decisions (52 percent) and half believe the Court is making decisions that take away freedoms (50 percent).

A growing share of Americans say that early medication abortion care should be legal.

By a 41-point margin, Americans say early medication abortion care, known as Mifepristone, should remain legal (61 percent legal – 20 percent illegal), including four in five Democrats (81 percent legal), a majority of independents (56 percent), and a plurality of Republicans (41 percent). Support for early medication abortion care remaining legal has grown across party lines since January (from net +34 to net +41), including among independents by a net 8 points (from net +34 to net +42), Democrats by a net 7 points (from net +67 to net +74), and Republicans by a net 10 points (from net -4 to net +6). Nearly one in five say they are unsure whether it should be legal or illegal (19 percent), including three in ten independents (30 percent) and one in four Republicans (24 percent). 

• Amid legal challenges to the Food and Drug Administration, three in five Americans view the FDA favorably (net +35; 62 percent favorable – 27 percent unfavorable). Favorability is significantly higher among those who have gotten the coronavirus vaccine (net +48; 69 percent favorable – 21 percent unfavorable) while those who have not received one are more split in their views of the FDA (net +2; 43 percent favorable – 41 percent unfavorable).
• While a majority of Americans are favorable to early abortion medication (net +21; 52 percent favorable – 31 percent unfavorable), only 28 percent of Americans are even familiar with the term “mifepristone,” which is net favorable among those who are familiar (17 percent favorable – 11 percent unfavorable).

Three in five Americans support President Biden and Congress passing a national law to protect prescription abortion medication.

By a 33-point margin, Americans support Biden and Congress passing a national law to protect access to prescription abortion medication used to end early pregnancies at home (61 percent support – 28 percent oppose), including 83 percent of Democrats, 52 percent of independents, and 39 percent of Republicans. 

• Americans across racial demographics support a federal law to protect medication abortion, including Black Americans (71 percent), Hispanic Americans (65 percent), Asian Americans and Pacific Islanders (61 percent), and white Americans (58 percent).