This week, right-wing polling firm Rasmussen Reports heralded a new poll which supposedly revealed that 64% of Americans think that "Supreme Court decisions should be based on what is written in the Constitution," whereas only 27% think the decisions "should be guided by fairness and justice." Yes, you heard that right, Rasmussen conducted a poll which pitted "fairness and justice" against "what is written in the Constitution" and then blasted out a press release about their amazing findings.
The media all too often treats pollsters like they're interchangeable, and that's a shame. Rasmussen is infamous among pollsters for its automated polling method – computers, not people, ask the questions – which is frowned upon by mainstream practitioners. And sometimes I have to wonder whether the computers are doing more than just asking the questions. It's almost as if they're writing the poll questions and sending out the press releases too.
But back to this week's poll. Focus on the Family quickly chimed in to say it "reveals that the American people are much more conservative regarding judges than our president is or any of the liberals in Congress." This is laughable, but we can't just laugh it off.
The Right has convinced millions of Americans that the Constitution is inherently conservative and that woolly-headed liberal judges disregard the Constitution and our laws in order to reach their desired outcomes. But these are just myths they've created to help prevent what we, and the overwhelming majority of Americans, really want: a Supreme Court that interprets the Constitution in a fair and just way. There is no need to choose between "fairness and justice" and "what is written in the Constitution." We want both.
And as for Rasmussen, it's clear enough to see the game they're playing. If you ask people ridiculous questions they're going to give you ridiculous responses. You don't need a poll and a press release to tell us that.
Kathryn Kolbert is president of People For the American Way Foundation