Fox News Poll: 60 Percent Think Health Care Mandate Violates Individual Rights

Nearly six in ten American voters want the Supreme Court to overturn at least part of the 2010 health care law, according to a new Fox News poll.

The Supreme Court is expected to announce its decision on the law by the end of June.

Click here to view the full results. 

The poll, released Friday, finds 38 percent of voters think the Supreme Court should toss out the entire law, while another 21 percent would keep most of the law, but invalidate the mandate for Americans to buy health insurance.  Three voters in 10 think the court should let the entire law stand (30 percent).

When asked directly if the requirement to buy health insurance is a violation of individual rights protected by the Constitution, 60 percent of voters say yes -- almost identical to the number who think the court should overturn at least that part of the health care law.

Nearly nine of 10 Republicans (87 percent), two-thirds of independents (66 percent) and a third of Democrats (33 percent) think the individual mandate is a violation of individual rights.

Democrats (53 percent) are more than twice as likely as independents (22 percent) and five times more likely than Republicans (10 percent) to think the Supreme Court should let the health care law stand.

A 65-percent majority of Republicans and a 40-percent plurality of independents want the law overturned completely.  Some 14 percent of Democrats agree.

In general, more voters oppose the new health care law than favor it (49-40 percent).  In April, soon after the court heard oral arguments, 53 percent were opposed and 40 percent favored it.

Slightly more voters say they trust Barack Obama (43 percent) than Mitt Romney (40 percent) to handle the health care issue.  Nine percent say “neither.”

The poll asks about the Obama administration requiring all employer health plans to provide birth control coverage as part of preventative services for women.  Catholic and other religious-affiliated hospitals and universities say the requirement violates their religious rights under the Constitution.  Nearly half of voters -- 47 percent -- agree with the government, and 41 percent with the Catholic Church.

Men are more likely to side with the Catholic Church (49 percent), while just over half of women say the government is right (51 percent).  Catholics overall, by a 7 percentage-point margin, say the government is right.  Practicing Catholics are much more likely to say the Church is correct (by a 16-point margin).

The Fox News poll is based on landline and cell phone interviews with 907 randomly-chosen registered voters nationwide and is conducted under the joint direction of Anderson Robbins Research (D) and Shaw & Company Research (R) from June 3 to June 5.  For the total sample, it has a margin of sampling error of plus or minus three percentage points.