Who typically writes the majority opinion?
Asked by: Tiffany Johnston | Last update: February 12, 2026Score: 4.7/5 (72 votes)
The Chief Justice (if in the majority) or the most senior justice in the majority (if the Chief Justice dissents) assigns the writing of the majority opinion to a justice who voted with the majority, spreading the duty among the justices for clarity and fairness, though some justices write more than others. The assigned justice drafts the opinion, which explains the court's decision and becomes the official ruling if joined by enough other justices, often with revisions to secure broader agreement.
Who writes the majority opinion?
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 determines who will write the majority and minority opinions?
After Oral Argument
At Conference, the Justices announce how they plan to vote in the different cases. Although those votes are not binding, they help determine which Justice writes which opinions. When the Chief Justice is in the majority, he assigns the majority opinion.
Who assigns the task of writing the majority opinion?
Most of the justices are assigned majority opinions to draft. A few justices assign the majority opinion writing duties. This assignment is made by the Chief Justice if he is in the majority and otherwise by the most senior associate justice in the majority.
Do Republicans or Democrats control the Supreme Court?
The Court is now divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions.
Justice Scalia on writing his opinions, colleagues' impact
When was the last time the Supreme Court had a liberal majority?
The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is widely regarded as the most liberal Supreme Court in U.S. history and marks the last period in which liberals held clear control of the Court.
Can Congress overturn a Supreme Court decision?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
Can Trump appoint Supreme Court judges?
As of January 8, 2026 the United States Senate has confirmed 261 Article III judges nominated by Trump: three associate justices of the Supreme Court of the United States, 60 judges for the United States courts of appeals, 195 judges for the United States district courts, and three judges for the United States Court of ...
Do Supreme Court justices actually write their own opinions?
The most senior justice in the majority will assign who writes the opinion, and the justices usually spend several months writing their majority, concurring, and dissenting opinions while making suggestions for each other's work.
What happens if a justice disagrees with the majority opinion?
Significance: Although a dissenting opinion has no legal effect, it allows justices to call attention to perceived errors in the majority's reasoning and to suggest to potential opponents strategies for circumventing or overturning the majority result. Dissents may also influence the Court's final majority opinion.
Can the president remove the Chief Justice of the Supreme Court?
No, the President cannot fire the Chief Justice or any Supreme Court Justice; they hold office during "good Behavior," meaning life tenure, and can only be removed through the impeachment process by Congress (House impeaches, Senate convicts). This lifetime appointment ensures judicial independence, protecting judges from executive and legislative pressure, and they serve until death, resignation, or removal.
What is Clarence Thomas known for?
Clarence Thomas is known as a highly conservative Associate Justice of the U.S. Supreme Court (since 1991), the second African American to serve, famous for his strict originalist judicial philosophy, opposition to affirmative action, and quiet demeanor during oral arguments, contrasting with his lengthy written opinions, while also rising from poverty in Georgia to a distinguished legal career, including heading the EEOC.
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.
Why didn't Obama get to nominate a Supreme Court judge?
With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.
Does the Chief Justice always write the opinion?
The task of assigning who shall write the opinion for the majority falls to the most senior justice in the majority. Thus, when the chief justice is in the majority, they always assign the opinion.
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 Supreme Court justices get paid for life?
When the Forty-First Congress took up the bill that became the Judiciary Act of 1869, Senator Charles Sumner of Massachusetts introduced an amendment allowing all federal judges, upon reaching age seventy, to retire and continue to receive their full salary for life.
Has Samuel Alito written any books?
Obergefell v Hodges: United States Supreme Court, #14:556, de... The Heritage Guide to the Constitution: Fully Revised Third E... United States v.
How does the Supreme Court decide who writes the majority opinion?
The votes are counted, and then a Justice is selected to write the opinion of the Court. If the Chief Justice is in the majority, they usually will choose this Justice. If the Chief Justice is not in the majority, the most senior Justice in the majority probably will make the selection.
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.
How many judges did Biden appoint to the Supreme Court?
The total number of Article III judges nominated by Biden and confirmed by the United States Senate was 235, including one associate justice of the Supreme Court of the United States, 45 judges for the United States courts of appeals, 187 judges for the United States district courts and two judges for the United States ...
What two actions could Congress take to undo a Supreme Court ruling?
Federal courts, including the Supreme Court, have the authority to interpret the law and the Constitution. Once a court has made a ruling, Congress cannot simply reverse that decision. Congress can respond to court decisions by passing new legislation or amending existing laws.
Can Congress abolish the Supreme Court?
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. See . Congress cannot abolish the high court. See .
What happens if a state ignores a Supreme Court ruling?
The Supreme Court held that the Pennsylvania legislature did not have the power to nullify the federal court's judgment, stating: "If the legislatures of the several States may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution ...