Do Supreme Court justices actually write their own opinions?
Asked by: Mia Bruen | Last update: February 18, 2026Score: 4.3/5 (12 votes)
Yes, Supreme Court justices write their own opinions (majority, concurring, dissenting) with significant help from their law clerks, who draft initial versions based on the justice's guidance; the justice then refines the opinion through several rounds of revisions, circulating drafts for feedback from colleagues before the final version is released, notes American Bar Association, WashU, and Slate. The Chief Justice assigns the majority opinion, or the most senior justice in the majority does if the Chief is in the dissent, ensuring each justice gets a chance to author opinions, notes American Bar Association and United States Courts (.gov).
How are Supreme Court opinions written?
After the votes have been tallied, the Chief Justice, or the most senior Justice in the majority if the Chief Justice is in the dissent, assigns a Justice in the majority to write the opinion of the Court. The most senior justice in the dissent can assign a dissenting Justice to write the dissenting opinion.
Does the Supreme Court actually read amicus briefs?
Yes, the Supreme Court justices and their law clerks read amicus briefs, though they don't read every single one; clerks filter relevant ones for the justices, who often cite them in opinions, especially those from government or major organizations, to gain crucial information and perspectives on technical or complex issues, influencing decisions significantly.
Can the president overturn a Supreme Court decision?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Does the US Supreme Court publish every opinion it issues?
Each opinion sets out the Court's judgment and its reasoning and may include the majority or principal opinion as well as any concurring or dissenting opinions. All opinions in a single case are published together and are prefaced by a syllabus prepared by the Reporter of Decisions that summarizes the Court's decision.
Why U.S. Supreme Court Justices Serve For Life - Cheddar Explains
Can the president change the number of Supreme Court justices?
No, the President cannot directly change the number of Supreme Court Justices; only Congress has that power by passing a law, but the President must sign that law for it to take effect, meaning both branches must agree, as seen with the Judiciary Act of 1869 fixing the number at nine. While presidents appoint justices, they can only fill existing vacancies or new ones Congress creates, as the Constitution doesn't set the court's size, allowing Congress to adjust it as a legislative check.
Do justices write their own opinions?
Opinion Writing
Some Justices have their law clerks do most of the writing, which they edit. Some Justices have their law clerks write first drafts that the Justices then substantially revise. And some Justices write their own opinions, asking their law clerks for assistance with research or other matters.
Can a US President fire a Supreme Court judge?
No, a U.S. President cannot fire a Supreme Court Justice; they serve for life ("during good behavior") and can only be removed through the impeachment process by Congress (House impeaches, Senate convicts) for serious misconduct, ensuring judicial independence from political pressure.
Has any President ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
Who can remove the judge from the Supreme Court?
Only the U.S. Congress, through the impeachment process, can remove a U.S. Supreme Court Justice, requiring the House of Representatives to impeach (majority vote) and the Senate to convict (two-thirds vote) for "Treason, Bribery, or other high Crimes and Misdemeanors," granting them lifetime appointments ("good behavior").
Who pays for amicus briefs?
(B) Every person or entity who made a monetary contribution intended to fund the preparation or submission of the brief, other than the amicus curiae, its members, or its counsel in the pending appeal.
Do Supreme Court Justices deliberate together?
The Conference of the Justices refers to the meetings held by the Supreme Court justices to deliberate on cases and make decisions regarding their rulings.
What does amicus mean in law?
In law, "amicus" refers to amicus curiae, Latin for "friend of the court," an individual or organization not directly involved in a case but permitted to offer relevant information, expertise, or perspective to assist the court, often through filing an amicus brief. These briefs highlight broader implications of a decision, bringing attention to matters the parties might overlook, especially in cases involving significant public interest, and require court permission to file, typically at the appellate stage.
Who appointed John Jay to become a Supreme Court justice?
When George Washington began considering appointments for the new government, he knew he wanted John Jay to hold a leadership position. He eventually appointed Jay as the first Chief Justice of the United States in 1789.
Who has the power to change the size of the Supreme Court?
2021). While no provision of the Constitution expressly prohibits legislative changes to the size of the Supreme Court, and Congress has changed the size of the Court multiple times in the past, some commentators debated whether the proposals were inconsistent with constitutional norms.
How much do Supreme Court justices make?
As of early 2025, the U.S. Supreme Court Chief Justice earns around $317,500, while Associate Justices earn about $303,600, with slight variations depending on the source and specific effective date, reflecting annual adjustments set by Congress. These figures represent significant increases over recent years, with salaries rising from the $274,200 (Associate) and $286,700 (Chief) in 2022.
Who appointed more judges, Trump or Obama?
While President Obama appointed more judges overall (around 330-334) across his two terms compared to Donald Trump's single term (around 226-245), Trump appointed a higher proportion of powerful appellate court judges and more Supreme Court justices (three vs. Obama's two), significantly shifting the courts' ideological balance, especially the circuit courts.
Who can overturn Supreme Court decisions?
A Supreme Court decision can be overturned by another Supreme Court ruling (a new case), a Constitutional Amendment, or if the ruling interpreted a federal statute, by Congress passing a new law. While the President can't overturn a decision directly, they influence future courts through appointments, and Congress can pass legislation to clarify or change laws interpreted by the Court.
What are three things the president can't do?
A PRESIDENT CANNOT . . .
make laws. declare war. decide how federal money will be spent. interpret laws.
Who has power over Supreme Court Justices?
Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. Each justice has a single vote in deciding the cases argued before the court.
Can a president remove a vice president?
The Constitution of the United States gives Congress the authority to remove the vice president of the United States from office in two separate proceedings. The first one takes place in the House of Representatives, which impeaches the vice president by approving articles of impeachment through a simple majority vote.
Can you become a judge without being a lawyer?
Yes, you can be a judge without a law degree, especially in lower courts (like traffic, small claims, or municipal courts) in many U.S. states where non-lawyer judges handle less complex cases after minimal training, and even federal judges aren't constitutionally required to have one, though most do; however, higher courts generally require extensive legal experience or a JD. Requirements vary significantly by jurisdiction, with some states allowing non-lawyers for specific roles like Justice of the Peace or Magistrate, while higher courts almost always demand a law degree.
Are there biased judges?
No. It's presumed that everyone has personal biases like that and judges are supposed to be smart and professional enough to not let those biases influence them. Also judges simply have discretion over certain decisions.
What is a judge not allowed to do?
Judges are prohibited from engaging in improper conduct that compromises fairness, impartiality, or integrity, including accepting bribes, showing bias (based on race, gender, etc.), discussing cases privately with one side, using their office for personal gain, making political endorsements, or acting rudely, and must recuse themselves from conflicts of interest, all while upholding the law and avoiding the appearance of impropriety.
Who is more powerful, a judge or a prosecutor?
While judges have authority in the courtroom and over sentencing, prosecutors are generally considered more powerful because they control the initial charging decisions, plea bargains, and evidence disclosure, shaping the vast majority of criminal cases before they even reach a trial, giving them immense leverage over outcomes. Prosecutors decide who to charge, what to charge them with, and what plea deals to offer, often with limited public oversight, making them the most influential figures in the justice system.