Posted by Orin Kerr:
Biased Questions in the ABC Schiavo Poll:
The [1]ABC poll I linked to earlier today has been appearing in lots
of news stories today in support of the view that most Americans
oppose the Schiavo law passed by Congress yesterday. Reader James
Christiansen writes in to point out a major problem with the poll:
according to Christiansen, the wording used by the pollsters in the
case is obviously biased. After [2]taking a look at the questions, I
have to agree. I am no expert in polling, but the questions asked in
the ABC poll seem quite plainly designed to support the view that the
Schiavo law is unnecessary political grandstanding.
Consider the wording of the key question testing public attitudes
about the case -- with emphasis added by me:
Schiavo suffered brain damage and has been on life support for 15
years. Doctors say she has no consciousness and her condition is
irreversible. Her husband and her parents disagree about whether
she would have wanted to be kept alive. Florida courts have sided
with the husband and her feeding tube was removed on Friday.
What�s your opinion on this case - do you support or oppose the
decision to remove Schiavo�s feeding tube?
My understanding is that Schiavo's consciousness and the
irreversibility of her condition is at the heart of the dispute;
settling the matter in the question by indicating that this is what
"doctors say" doesn't seem a very good way of measuring public opinion
on the case.
Then there is the wording of the question that addresses whether the
federal courts have a role in this matter:
Florida state courts have heard the Schiavo case. Federal courts
have said they don't have jurisdiction because it involves Florida
law only. Would you support or oppose a new federal law requiring
the federal courts to review the Schiavo case?
The question is rather leading, it seems to me -- it asks whether
the federal courts should be "required" to review the case right after
saying that the federal courts have said there is no federal issue.
Here is the next question in the poll:
Regardless of your preferences in the Schiavo case, do you think
it is appropriate or inappropriate for Congress to get involved in
this way?
The poll does not say what "this way" is, but the rather dismissive
tone follows up on the leading question above in a way that suggests
that the right answer is "no." The beginning of the sentence also
seems a bit result-oriented: it seems to invite those who favor the
law to agree that the method Congress chose was improper.
Here's the question that comes next:
Do you think the political leaders who are trying to keep Schiavo
alive are more concerned about her and the principles involved, or
more concerned about using her case for political advantage?
Again, the question is obviously leading. The polling subject has just
learned in the preceding questions that Schiavo has no chance of
recovering and that Congress is forcing the federal courts to get
involved against their will. The subject is then asked whether the
political leaders are really concerned about her (obviously not -- she
has no chance of recovering, and the courts have already ruled in the
case!) or whether they are using the case for political advantage
(obviously so). The poll seems to be asking for a specific answer,
namely that the political leaders who are trying to keep Schiavo alive
are just using her case for political advantage.
To be clear, I am pretty sympathetic to the views of whoever wrote
the ABC poll. The Schiavo case is a political football, and I don't
see any reason for federal court involvement in the case. At the same
time, the wording of the questions makes it unlikely that the ABC poll
accurately captures public opinion about the case.
References
1. http://abcnews.go.com/Politics/PollVault/story?id=599622&page=1
2. http://abcnews.go.com/images/Politics/978a1Schiavo.pdf
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