Do's and Don'ts: Polling Shows Voters Reject Trump’s Attacks on the Courts

Topline:

• Americans reject Trump and congressional Republicans’ systematic dismantling of judicial independence and view their attacks as a dangerous abuse of power and a direct threat to the rights of everyday people. 
• Without independent courts and lawyers to defend the rights of all Americans, Trump and his allies will have free rein to enact harmful policies — regardless of established law or the Constitution.

Trump’s Attacks Against the Judiciary Alarm Everyone: 

DO frame Trump’s defiance of court rulings as an abuse of power. 

DO focus on the harm attacks on the rule of law can do to individual rights of everyday people 

DO frame Trump’s attacks on the courts as an attempt to leave Americans powerless to defend themselves, or make them too afraid to speak out against authority. 

• Voters are also concerned about how these attacks/court defiance could allow the government to violate peoples’ rights without consequences, or result in the denial of fair trials to Americans. 

DON’T overcomplicate things

• Focus on rights and freedoms, instead of concepts like “legal authority,” or “judicial independence” which many voters do not understand in a uniform way.
• For example: Voters don’t respond differently whether presented with “due process” or a more concrete definition of due process. 

DON’T overemphasize threats to checks and balances. Many voters see the most important role of the courts as applying the law equally and fairly to everybody. 

DON’T focus solely on judges’ physical safety–voters respond slightly better to judges being made into “political targets” than to the threats to their safety. 

Trump’s Judicial Nominees Are a Rubber Stamp for His Dangerous Agenda

DO emphasize nominees’ loyalty to Trump or individual groups (i.e. the wealthy and powerful, corporations, etc.) 

DO refer to the core duties and values judges should uphold: 

• Hold government officials accountable when they break the law (92% find this important) 
• Hold the powerful accountable, even when it’s difficult politically (90%) 
• Apply the law fairly, even when it goes against their personal beliefs (93%)
• Never let party loyalty influence their decisions (92%) 

DON’T rely on the “partisanship” of Courts solely as a convincing talking point

• Voters on both sides of the aisle largely see the Courts as partisan to some degree – they feel ideology is baked into the nominations process and not all of them think this is inherently problematic.
• Pairing this message with other more impactful ones (i.e. loyalty to Trump, serving the rich and powerful, failing to uphold core duties of a judge) will have a greater reach

Congressional Republicans Are Complicit in These Attacks

DO emphasize the role Congressional Republicans are also playing in these attacks 

DO frame Congressional Republicans as blindly loyal to Trump and unwilling to defend the rule of law 

DON’T assume voters know exactly how Congressional Republicans are involved or what they could be doing to stop Trump 

DO refer to specific examples of Congressional Republicans’ inaction or active participation to help frame what powers MOCs have.