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.
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Yes. If the Chief Justice votes with the majority, he has discretion over who writes the opinion. The Chief Justice may choose to author the opinion himself if the case is particularly important, or within an area of his (or her) legal expertise. Otherwise, the Chief Justice may assign writing the opinion to another member of the majority.
Sometimes. The opinion of the Court is always written by someone in the majority group. If the Chief Justice voted with the majority, he or she decides who will write the opinion. Chief Justice John Marshall wrote most of the Supreme Court opinions during his tenure on the bench, from 1801-1835. Usually, the Chief Justice will share this honor and responsibility with other justices on the Court, only writing a select few opinions himself.
For more information, see Related Questions, below.
No. The Chief Justice assigns the task of writing the Court's opinion only if he (or she) votes with the majority. The justices who dissented from the majority decide for themselves who will write opinions.
chief justice
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 nine Justices hear cases and deliver rulings and opinions on them. One or more Justice will write a dissenting opinion if they disagree with the ruling.
Sharing opinions- Apex
Justices write opinions after the verdict has been determined, not before public arguments.