Each June, public attention turns to the U.S. Supreme Court as it delivers key decisions. These rulings begin with a structured legal process that mostly occurs out of public view. The procedure includes strict gatekeeping rules, private conferences, written briefs, oral arguments, and eventually, the announcement of an opinion.
The Agenda-Setting Process
The Supreme Court operates reactively. It waits for cases to be presented by individuals, businesses, or governments before issuing rulings. Typically, a party losing in a lower court files a writ of certiorari. This legal document explains why the court should review their case. The winning party might file a brief in opposition.
Interest groups sometimes file amicus curiae (friend of the court) briefs, signifying a case’s broad national importance. The court is more prone to review cases with these briefs. Annually, the court receives about 4,000 petitions, deciding fewer than 80 cases, making the odds of a case being heard roughly 2%.
To manage this volume, justices rely on law clerks, typically recent law school graduates, to write memos recommending granting or denying petitions. On Fridays, justices meet privately to discuss these petitions, applying a rule of four, where four of nine justices must agree to review a case. The court then releases its list of granted and denied certiorari cases.
Legal Briefs and Oral Arguments
Parties persuade justices via legal briefs. The petitioner tries to demonstrate an error in the lower court ruling, while the respondent argues for upholding it. Interest groups often file a second type of amicus curiae brief, highlighting public policy implications, pursuing ideological goals.
In recent terms, cases average about 16 amicus briefs, with some, like Obergefell v. Hodges, having over 100. Post-briefing, oral arguments occur, usually lasting an hour, split between petitioner and respondent. During this time, justices ask questions, often indicating potential voting directions.
Conference and Votes
Days after oral arguments, justices reconvene in private to discuss cases and cast preliminary votes. The chief justice speaks first, followed by others in seniority order. A majority forms during this conference, but justices can change votes up until the opinion announcement.
A justice in the majority is assigned to draft the majority opinion. If the chief justice belongs to the majority, they make the assignment, possibly to another majority justice or themselves. If not, the senior majority justice assigns duties. Majority opinions undergo revisions as justices exchange written feedback. If discontent arises, a justice may switch to the minority.
In addition to majority opinions, justices write concurring and dissenting opinions. Concurring opinions offer alternative legal grounds for the decision, while dissenting opinions express minority disagreement with the case outcome and reasoning.
Releasing Opinions
The final step involves public announcement of court opinions, typically from October to late June or early July. Key cases usually surface in June. During announcements, the majority opinion author reads a summary. Occasionally, dissenting justices may read their opinions, signaling strong disagreement.
For example, Justice Sonia Sotomayor read her dissent in Students for Fair Admissions v. Harvard College, criticizing the court’s majority for effectively ending affirmative action in college admissions. She defended affirmative action as constitutional, arguing it promotes racial equality.
These significant rulings stem from a long, controlled process involving numerous petition screenings, fewer than 80 case arguments, and closed-door opinion negotiations. Understanding the process clarifies how nine unelected justices influence the Constitution’s interpretation and, consequently, Americans’ daily lives.
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