As the Supreme Court begins a new term, 44% of Americans would counsel the justices to base their decisions “strictly upon what is written in the Constitution and legal precedents.” A Rasmussen Reports national telephone survey found that 38% say the Court’s decisions should be primarily guided by a sense of fairness and justice rather than strict constructionism.

Republicans (62%), men (53%), and whites (47%) are more likely than Democrats (38%), women (36%), and blacks (32%) to say that what is written in the Constitution should be the court's guiding principle.

The new Rasmussen Reports survey of attitudes about the high court also indicates that public perceptions of it have shifted over the past two and a half years.

A bare plurality of 33% now see the court as in the middle ideologically, while 29% see it as Too Conservative, 23% as Too Liberal. That represents a slight shift to the right since our March 2005 survey. At that time, a larger plurality of 38% perceived the court to be in the middle. Two years ago, 28% saw it as Too Liberal, 24% as Too Conservative. That survey was conducted before Chief Justice John Roberts and Justice Samuel Alito joined the court. Roberts and his predecessor, William Rehnquist, are each generally regarded as conservative. Alito is regarded as more conservative than his own predecessor, Sandra Day O'Connor.

Justice Clarence Thomas, confirmed in 1991 after emotional and controversial confirmation hearings, is in the news again. He has published a memoir recalling Anita Hill's accusations that he sexually harassed her, accusations which became the stormy center of the hearings.

Most respondents (71%) are not following news of the book even somewhat closely. Eight percent (8%) are paying very close attention and 21% are somewhat attentive. In any case, 37% say they view Justice Thomas favorably, including 56% of Republicans. Thirty-five percent (35%) express an unfavorable view, including 52% of Democrats. Women and blacks are a little more likely than all voters to have a negative view of Thomas, but partisan affiliation is the biggest skewer of the numbers.

Americans are more prone to view Anita Hill unfavorably; 27% have a favorable opinion, 41% unfavorable. Fifty percent (50%) of GOP voters have a negative view, as do 39% of Democrats. Democrats and blacks are about evenly divided about Hill. Forty-two percent (42%) of black voters—more likely than the average voter to have an opinion of her to begin with—view her favorably, 39% view her unfavorably.

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