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JUDGES ALL THINK ALIKE?

Here are some poll numbers released earlier today by Rasmussen Reports -- "an electronic publishing firm specializing in the collection, publication, and distribution of public opinion polling information."

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Americans Overwhelmingly Believe Judges of Different Backgrounds Would Reach Same Conclusion

Friday, June 5, 2009

Sixty-six percent (66%) of voters nationwide believe that well-qualified male and female judges would reach the same conclusion most of the time. The latest Rasmussen Reports national telephone survey found that just 17% disagree and another 17% are not sure.

By a virtually identical margin , 67% to 16%, U.S. voters believe the same is true of well-qualified white and Hispanic judges.

Survey respondents were asked to imagine that two well-qualified judges heard a series of challenging legal cases and that the judges both carefully examined all the facts, studied the appropriate law and honestly tried to apply the law as it was written.

There is no significant gender gap on this topic. Sixty-nine percent (69%) of men and sixty-four percent (64%) of women agree that a male and a female judge would reach the same conclusion most of the time.

There is also no substantive difference between white and Hispanic voters on these questions. However, African-Americans are somewhat less likely than other Americans to think that judges with different backgrounds would reach the same conclusion. Still, a plurality of African-Americans believe a man and a woman would reach the same conclusion, and 51% believe white and Hispanic judges would do the same.

A majority of all ages, parties and ideologies share the same general view.

Supreme Court nominee Sonia Sotomayor has said that a "wise Latina woman" would make better choices than a white male judge. That comment generated a lot of attention as the nominee began her pre-confirmation hearing visits with senators on Capitol Hill. Her nomination must be confirmed by the Senate. President Obama and his chief spokesman have since said that Sotomayor "misspoke."

Initial reaction to Sotomayor's nomination was more positive than the initial reaction to those nominated to the Supreme Court by President George W. Bush. Support for her nomination has softened a bit over the past week.

While most Americans believe well-qualified judges of different backgrounds would reach the same conclusion, they aren't sure if that's the way the Supreme Court actually operates. When deciding an important case, just 48% believe most Supreme Court justices carefully examine all the facts, study the appropriate law and honestly try to apply the law as it was written.

Other data shows that most believe justices bring their own personal agenda to the matter at hand.

When considering a Supreme Court nominee, 45% of Americans say that legal competence is more important than diversity or the nominee's position on issues.

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To view a copy of the original report, please use this link:

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