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When is a court opinion considered precedent?
All published opinions (majority, concurring, dissenting, etc.) except per curiam (unsigned opinions) may be cited as precedent. Supreme Court opinions supersede all lower court opinions, and set binding precedents which both federal and state courts* are supposed to adhere to under the doctrine of stare decisis.* US Supreme Court decisions only apply to state courts if they involve incorporated parts of the Bill of Rights or other applicable amendments.
Who assigns writing opinions to the justices?
The "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached.The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the verdict.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.For more information about Supreme Court opinions, see Related Links, below.
How are US Supreme Court written opinions assigned?
The "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.For more information about Supreme Court opinions, see Related Links, below.
Who decides which justice writes the dissenting opinion in a Supreme Court case?
If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion. Individual justices may write their own (concurring or dissenting) opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.
What is the Supreme Court opinion?
The opinion is the Supreme Court's decision on a case, usually accompanied by a written explanation that includes the reasoning and legal precedents used.
