This Harvard-Harris poll, which was conducted entirely after Roe v. Wade was overturned, demonstrates nicely why the claim that Roe and Casey had made a wise and enduring decision for the nation was always such bunk.
When asked, “Do you support or oppose the Supreme Court’s decision to overturn Roe vs Wade, which allows each state to decide its own standards for abortion instead of a set right?” 55 percent of respondents said that they opposed the overturning, with 45 percent saying they supported it.
In and of itself, this isn’t exactly resounding. Just 55 percent against? In this media environment? But when one adds in the subsequent questions in the poll, the case for Roe as a beneficial political settlement (which was made by Justice Breyer during oral arguments, by the majority in Casey, and by anyone who was too embarrassed to pretend Roe was law) falls apart. Out of the options presented to them, 72 percent of respondents said that they supported abortion up until 15 weeks — the exact issue at stake in Dobbs — while 49 percent went only to six weeks. Both of these views were incompatible with Roe, which means that, whether they knew it or not, many Americans said they supported Roe while opposing what Roe actually did.
Nor do Americans seem to be too upset with the Court, or with the GOP. The Democrats’ execrable “pack the Court” idea remains as unpopular as ever: Sixty-three percent of Americans consider the Court “legitimate,” and 59 believe the Democrats are wrong to say otherwise. And, when asked whether the overturning of Roe would have an effect on their vote in the midterm, the results are a wash. Thirty-six percent said it would make them more likely to vote for a Democrat, 36 percent said it would make them more likely to vote for a Republican, and 29 percent said it would have no effect.
These are not the ingredients from which backlashes are made.