How is it decided who writes the opinion of the court?
Asked by: Mr. Carleton Bechtelar I | Last update: August 23, 2025Score: 4.4/5 (18 votes)
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.
Who gets to decide who writes the opinion of the Court?
During an argument week, the Justices meet in a private conference, closed even to staff, to discuss the cases and to take a preliminary vote on each case. If the Chief Justice is in the majority on a case decision, he decides who will write the opinion.
How are court opinions written?
The pattern of opinion writing for appellate courts has five parts: opening paragraph identifying the type of case, aligning the parties, and giving the result in the trial court; indication of the issues on appeal; statement of some or all of the facts; discussion of the law, with additional facts as needed; and ...
Who assigns the task of writing the majority opinion?
When in the majority, the chief justice decides who writes the opinion of the court; otherwise, the most senior justice in the majority assigns the task of writing the opinion.
Who determines the author of majority opinions?
When the chief Justice is in the conference minority, the senior associate Justice in the majority makes the opinion assignment. The assignment sheet clearly denotes which Justice made the assignment. The assigned author then begins work on a draft opinion.
Concurring Opinions, Dissenting Opinions, and Case Law
Do judges write their own opinions?
Once a judge is assigned an opinion, the judge may choose to write the opinion alone, doing both the research and writing without any assistance. Judges may also turn to their clerks to help research relevant law or to draft parts of the opinion.
Who assigns the opinions and how important are they?
A majority opinion's author is assigned by the most senior member voting with the majority if the chief justice votes with the minority. The purpose of a majority opinion is to set out the court's decision in the case and to explain why the majority believes that the outcome is correct.
What is the rule of four?
On the face of it, the Supreme Court's “Rule of Four” is straightforward. Where the justices have discretion as to whether to hear an appeal, at least four of the Court's members must vote to grant a writ of certiorari, which facilitates a full review on the merits.
How many justices are needed for a majority opinion?
When more than half of the justices agree, the Court issues a majority opinion. Other times, there is no majority, but a plurality, so the Court issues a plurality opinion. Typically, one justice is identified as the author of the main opinion.
How does a judge make an opinion?
Opinions, Dissenting Opinions, and Headnotes
A judge is assigned to write the opinion if the court, but any participating judge may write a separate opinion of his own. He may agree with the majority on the most points but disagree on others, elaborating on points of agreement and disagreement.
Is a court opinion binding?
For example, California trial courts are bound by the opinions issued by the California courts of appeals and the California Supreme Court. However, California courts are not bound by the decisions of other state courts, such as Arizona.
Do law clerks write opinions?
Typically, the broad range of duties assigned to a law clerk includes conducting legal research, preparing bench memos, drafting orders and opinions, proofreading the judge's orders and opinions, verifying citations, communicating with counsel regarding case management and procedural requirements, and assisting the ...
Who decides the decision in court?
Trial courts are also called "superior courts." In the trial or superior court, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.
Can one sue the Supreme Court?
In general, suing a court for decisions or rulings it makes in its judicial capacity is not possible due to a doctrine known as judicial immunity. This principle protects judges from personal liability for their official actions, even if those actions are later found to be incorrect or unjust.
Who decides whether the court will accept the opinion of an expert?
Before that opinion is presented to the jury, a trial judge must first evaluate that opinion and exclude it, if it is (1) based on matter of a type on which an expert may not reasonably rely, (2) based on reasons unsupported by the material on which the expert relies, or (3) speculative.
How does the court decide which cases to hear?
Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.
What is the writ of mandamus in law?
A ( writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.
What is the law of four?
It is a working rule devised by the Court as a practical mode of determining that a case is deserving of review, the theory being that if four Justices find that a legal question of general importance is raised, that is ample proof that the question has such importance.
Who usually writes the court's opinion?
Most often there is one written statement signed by all of the justices. Sometimes a justice will file an additional opinion. This can either be a concurrence (written by a justice who agrees with the decision) or a dissent (written by a justice who does not agree with the decision).
Can the Supreme Court overturn the state court?
The Constitution provides a high-level foundation for the Supreme Court's jurisdiction over appeals directly from state courts, allowing for review of state decisions involving issues related to federal statutes, treaties, or constitutional law.
Do judges read amicus briefs?
Clerk comments suggest that, while most justices will not read the majority of amicus briefs, many will read the exceptional, superior amicus brief. A few clerks noted that, in cases where fewer amicus briefs are filed, there is a greater probability that each will be given more attention.
Can the judge do whatever they want?
A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. In so doing, a judge must not abuse the prestige of office to advance the interests of the judge or the judge's family.
Which chief justice was the greatest?
John Marshall is often referred to as the “Great Chief Justice” because of a decision he wrote in an early Supreme Court case.
What if a judge is biased?
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned ...