There is time allotted for writing opinions during the two-week period following a sitting for oral arguments, and after all case arguments are completed in April of the current Term. Justices may write anytime they choose, however.
First, the justices meet in a closed conference to discuss the case and take a preliminary vote. They may then attempt to persuade other justices to their point-of-view before taking a final vote.
After the final vote, the Senior member of the majority (the Chief Justice is always most senior) assigns writing the opinion of the Court to one of the justices in the majority. Often, the justice who was least persuaded to the majority perspective is given the task; other times, the opinion is assigned to a justice with particular expertise in the subject matter; or the Chief Justice or Senior Associate may choose to write the opinion him/herself.
Those in the minority decide amongst themselves who will write opinions. Any justice may write a concurring or dissenting opinion, or may join one written by another justice.
Justices write opinions after the verdict has been determined, not before public arguments.
The opinions are given to the Reporter of Decisions to prepare a bench opinion for public release, and announced and/or read in open court. Within a few hours of the announcement, the bench opinions are published online and in booklet form as slip opinions.
Someone petitions the Supreme Court to review a case on appealThe lawyers submit briefsThe justices vote to decide which cases to hearThe Clerk schedules oral argumentsThe justices read all briefs and lower court documentsThe justices have their clerks research precedents and other informationThe justices listen to oral argumentsThe justices hold a case conference to discuss issues and take a voteOne justice is assigned to write the official opinion of the CourtThe opinion is circulated for commentsOther justices write concurring or dissenting opinions (optional)The decision is released to the parties and the general public
The opinion of the Court may be unanimous; however, individual justices may also write concurring opinions. Alternately, all members of the Court may agree on a decision but not be willing to sign the opinion to prevent it from being cited as precedent in future cases, in which case they would write a per curiam opinion.
I need to find a supreme court case based on the second amendment and write an essay contrasting two Court Justice's opinions.
It is my understanding that Justice John Paul Stevens writes the first draft of all of his opinions, but that the others rely on assistance from their law clerks to varying degrees. There is probably no definitive answer to this question.
The United States Supreme Court is the ultimate court of last resort. While the cases heard by lower level trial courts and appellate courts can be appealed to state supreme courts and federal appellate courts, no other court looks over the shoulder of the U.S. Supreme Court. The opinions issued by the nine justices on this court are final.
A Supreme Court Term begins the first Monday in October, and ends the first Monday in October the following year. When the justices are hearing arguments, the sessions are divided into two-week blocks called when the court is either "sitting" to hear cases, or "recessed" to write opinions and take care of other administrative tasks.
All nine members of the US Supreme Court interpret the law, then they discuss their perspectives on individual cases in twice-weekly conferences. When the Court votes on how to dispose a case, the decision with the most votes (the majority) writes the official opinion of the Court.If the Chief Justice is a member of the majority, he may choose to write the opinion himself, or select another member of the majority to handle the task. If the Chief Justice is not part of the majority, then the most senior justice in that group decides who will write the opinion.If the justices not in the majority want to present a unified dissent, they decide amongst themselves who will write it.All members of the Court may write opinions about a particular case, explaining why they agree or disagree with the decision.For more information on US Supreme Court opinions, see Related Questions, below.
To dissent; if the justices disagree with the majority opinion, they write a dissenting opinion.
The President has the ability to appoint justices to the Supreme Court (and lower federal courts) with the "advice and consent of the Senate" that share his (or her) ideology. Judicial appointment to lower Article III courts can also be considered a means of influencing the Supreme Court, as the lower courts handle far more cases and have the opportunity to write opinions that have persuasive authority.
Opinions. The "Opinion of the Court" is the official, majority decision or verdict. Each justice may write his or her own opinion, most of which are either concurring or dissenting, although there are other types used less often. Any justice that agrees with the written opinion of another justice may sign, or "join" the author in his or her argument.For more information on US Supreme Court opinions, see Related Links, below.