Health Insurance: Can They Or Can t They? Voters Speak Clearly On Question of Mandating Health Insurance

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For immediate release... Tuesday, March 20, 2012 Contact: Peter Woolley 973.670.3239; Bruce Peabody 617.869.4885 5 pp. Health Insurance: Can They Or Can t They? Voters Speak Clearly On Question of Mandating Health Insurance By a margin of five to three (56%-34%), US voters say Congress cannot legally require everyone to have health insurance, according to a national poll by Fairleigh Dickinson University s PublicMind. Men by 59-34 say it cannot be required. Women by a 54-33 margin are in accord, and voters of every age category agree that it s not legal. However, there are clear ideological and partisan differences as the Court hears arguments in the case, Department of Health and Human Services v. Florida, for three days beginning March 26. The Supreme Court is on a collision course with the Obama administration, said Bruce Peabody, professor of political science at FDU and editor of The Politics of Judicial Independence. Now we have to wait and see whether the Court jumps the tracks or smashes directly into the White House. Democrats say health insurance can be mandated by 54-33, and self-described liberals by a margin of 62-23 agree that it can be required. But, Republicans are overwhelmingly agreed in saying Congress cannot do so (85-10), and conservatives by an emphatic 77-18 say Congress can t do this. A more specific question also fails to pass muster with the public. Asked whether Congress can legally require health insurance and impose a tax penalty on those who don t have insurance, the public is clear: By more than a two to one margin, 65%-29%, voters say Congress cannot impose a tax penalty. But Democrats by a slim margin (49-44) say Congress can, while Republicans by a huge margin (84-11) say they can t. Liberals by a slender margin (50-44) say Congress can. Conservatives by a wide margin (80-13) say they can t. Independent voters, like Republicans, come down hard against the legality of the health care mandate. The Court is not as isolated from public opinion as many think, said Peabody. But in this case, since there is disagreement among the parties and organs of government, the Court has greater latitude. Court watchers are focused now on how the members of the Court itself will split as well as whether this case will pit two of our branches in mortal combat. While Presidents have historically been deferential to the Court, this is the kind of case that could trigger pushback. The most pronounced split among the public is between those who approve of the job the president is doing and those who don t. Those who approve of the job the president is doing also think, by better than a two-to-one margin (60-24), that Congress can require insurance. Those who disapprove of the president think, by an eight-to-one margin (87-11), that Congress can t.

We deliberately did not call it the president s health care bill, and we did not ask people whether they approve of the bill, said Peter Woolley, a political scientist and director of the poll. The question was not meant to be a referendum on Barack Obama. We deliberately used the words legally require to suggest that we were not interested in whether you like the bill, or approve of the bill, but whether the bill is legal, Woolley continued. Previous polls have posed different, broad questions to voters about the health insurance reform. Most of those simply used some variation of Do you approve or disapprove of the bill or Do you think the reform will help or hurt your family or the country? Virtually all voters have heard about the health care bill passed by Congress in 2010. In fact, seven of ten voters (71%) say they ve heard some or a great deal about it, and more than nine of ten (92%) say they ve heard at least something about it. The Fairleigh Dickinson University poll of 903 registered voters nationwide was conducted by telephone using both landlines and cell phones from Feb. 6 through Feb. 12, 2012 and has a margin of error of +/-3.3 percentage points. Methodology, questions, and tables on the web at: http://publicmind.fdu.edu For more information, please call 201.692.7032 Poll TM home 2

Methodology, Questions, and Tables The national survey by Fairleigh Dickinson University s PublicMind was conducted by telephone from Feb. 6 through Feb. 12, 2012, using a randomly selected sample of 903 registered voters contacted on both landlines and cell phones to comprise all voters. The margin of error for a sample of 903 randomly selected respondents is +/- 3.3 percentage points. The margin of error for subgroups is larger and varies by the size of that subgroup. Survey results are also subject to non-sampling error. This kind of error, which cannot be measured, arises from a number of factors including, but not limited to, non-response (eligible individuals refusing to be interviewed), question wording, the order in which questions are asked, and variations among interviewers. PublicMind interviews are conducted by Opinion America of Cedar Knolls, NJ, with professionally trained interviewers using a CATI (Computer Assisted Telephone Interviewing) system. Random selection is achieved by computerized random-digit dialing. This technique gives every person with a land-line phone number (including those with unlisted numbers) an equal chance of being selected. Landline households are supplemented with a separate, randomly selected sample of cell-phone-only and duel cell-phone/land-land households, interviewed in the same time frame. The total combined sample is mathematically weighted to match known demographics of age, race and gender among the voting population. The US Supreme Court will also rule on the health care bill, passed by Congress, that requires everyone to have health care insurance. How much have you heard or read about the Health Care Bill All Dec. 2011 A great deal 38% 44% Some 33% 30% Just a little 21% 19% Nothing 8% 6% So a key question the Court will answer is whether the US Congress can legally require everyone to have health insurance or not. What is your view? Can Congress require everyone to have health insurance or N=465 All Gender party ID Ideology Age men women D I R lib mod con 18-29 30-44 45-59 60+ Yes 34% 34 33 54 27 10 62 38 18 29 43 34 30 No 56% 59 54 33 65 85 23 51 77 62 50 61 55 Not sure 10% 7 14 14 8 5 14 11 5 9 7 4 15 N=465 All president approve disapprove Yes 34% 60 11 No 56% 24 87 Not sure 10% 16 3 So a key question the Court will answer is whether the US Congress can legally require every adult to have health insurance---and if they don t have health insurance, to pay a tax penalty. What s your view? Can Congress require everyone to have health insurance or pay a tax penalty? N=439 All gender party ID Ideology Age men women D I R lib mod con 18-29 30-44 45-59 60+ Yes 29% 23 35 49 20 11 50 37 13 30 32 27 28 No 65% 73 58 44 78 84 44 57 80 70 65 68 61 Not sure 6% 4 8 7 2 5 6 6 6 -- 3 6 10 N=439 All president approve disapprove Yes 29% 55 9 No 65% 37 87 Not sure 6% 8 4 Poll TM home 3

Asked December 2011* So a key question the Court will answer is whether the US Congress can legally require everyone to have health insurance or not. What is your view? Can Congress require everyone to have health insurance or All gender party ID Ideology Race men women D I R lib mod con white Non-white Afr. Am. Yes 33% 31 36 52 35 7 57 38 17 27 46 66 No 61% 64 59 42 54 90 37 54 80 67 49 28 Not sure 5% 5 5 6 11 3 6 7 3 6 5 6 *Exact interview dates: Nov. 29, 2011, through December 5, 2011. Exact Question Wording and Order for this US Supreme Court Series US1-3d, D1, USP1, 3 released 02.14.12. USP2 released 02.20.12. Now let me ask you about some cases that the US Supreme Court is considering... USSC1. The US Supreme Court will rule on the health care bill, passed by Congress, that requires everyone to have health care insurance. How much have you heard or read about the Health Care Bill READ? A great deal Some Just a little or Nothing PROGRAMMER: ASK EITHER USSA2A or USSC2B at random. USSC2A. So a key question the Court will answer is whether the US Congress can legally require every adult to have health insurance---and if they don t have health insurance, to pay a tax penalty. What s your view? Can Congress require everyone to have health insurance or pay a tax penalty? USSC2B. So a key question the Court will answer is whether the US Congress can legally require everyone to have health insurance or not. What s your view? Can Congress require everyone to have health insurance or Yes No Dk Poll TM home 4

Sample Characteristics % Gender Male 48 Female 52 Party ID Democrat 34 Ind. Lean Dem. 14 Independent 12 Ind. Lean Rep. 13 Republican 23 Other/ref. 3 Age 18-29 12 30-44 26 45-59 32 60+ 28 ref. 2 In addition to being American, would you say you are? White 67 Black 13 Hispanic or Latino 11 Asian 5 Other/ref. 4 Census regions Northeast 19 North central 22 South 34 West 25 # # # Poll TM home 5