As part of our State Voices project, SPN has been tracking opinions on federalism over the year. Opinions on most metrics have been fairly consistent including a regular three-in-five believing that states should be able to make their own laws rather than all states following the same laws.

Although we are still waiting to hear the final decision, the leaked Dobbs. v Jackson opinion from the Supreme Court appears to have delivered what three-fifths of Americans say they prefer – a country where states can make their own laws.

But the truth is more complicated than that. Americans appear to like the idea of federalism – where states make their own laws which govern their citizens – as a general theory but will stray from the idea if it produces an outcome they do not favor.

In May, State Voices included two additional questions to measure federalism given the context with the Dobbs case. Half of survey takers were asked if states should drive legislation to ensure laws reflect the values and priorities of their citizens or if the federal government should drive legislation to ensure equal rights and protection for all Americans.  A majority, agreed with the state point of view, albeit slightly smaller than the long-term tracking question with more generic phrasing (56%).  

The other half of the respondents were asked the same question but with a specific mention of abortion.  Here, just 47% of voters felt the states should drive legislation meaning that enthusiasm for federalism drops 15 points as we go from talking about the broad concept to the specifics with tangible implications.

Unsurprisingly, there is a partisan bent to this as well.  Many states have already shown a willingness to put significant restrictions on abortion in place, leading Republicans to be far more comfortable with states driving legislation rather than defaulting to the federal government to ensure the same rights for all. Democrats on the other hand, strongly favor federal action, understanding that is the best place for their pro-choice options to be codified.

What does this mean for communicating about federalism?

Our network must be careful to be consistent in championing federalism and not be tempted by the opportunity to pass a federal law where the states should be taking the lead. Highlighting how state laws match up with what voters in that state want, especially when national opinion differs, will be important to showing the benefits of a federalist system of government.