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Commentary By Ilya Shapiro

Why The Supreme Court’s Legitimacy Isn’t Defined By Approval Ratings

Governance Supreme Court, Political Philosophy

Photo by Tom Williams/CQ-Roll Call, Inc via Getty Images

The Court's low approval ratings look more like polarization than a broader crisis of legitimacy.

As it gets ready to start a new term, the Supreme Court has a polling problem. Gallup reported in July that only 33% of Americans approve of the job it’s doing, a record low in the 26-year poll. Marquette Law School’s survey is less grim but still shows the Court underwater, with 47% approving and 53% disapproving.

For advocates of Supreme Court “reform,” the temptation is obvious: low approval means that the institution has lost legitimacy and needs structural repair.

But a closer look at Gallup’s polling numbers knocks down that argument. The decline since last year was driven almost entirely by Republicans, whose approval of the Court plunged from 79% in September 2025 to 58% now. Democratic approval remained at 12% and independent approval at 35%, both near their historic lows. Gallup says the partisan gap in Court approval averaged 18 points from 2000 through 2010 but has averaged 32 points since.

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Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal.

This piece originally appeared in City Journal.