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TOPIC: Law
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Supreme Court Watch
BACKGROUND REPORT Posted: 2003      
The Decision Process
After the Supreme Court's nine justices hear oral arguments, the decision process begins behind the closed doors of conference rooms.

The justices typically meet on Wednesdays and Fridays to vote on cases heard that week as well as consider new motions or petitions. Only justices attend these closed meetings, and the most junior justice will send for needed materials and take notes as necessary.

GavelAfter voting, the most senior justice in the majority is responsible for deciding who will write the court's opinion while the most senior justice on the minority side will also assign the dissent writer. In some cases, individual justices choose to add their own statements explaining why they voted for either viewpoint or express their disagreements with the way the majority opinion was written. But it is solely the majority opinion that will represent the decision of the court.

In his book, "The Supreme Court," Chief Justice William Rehnquist explains the decision process: "Each member of the Court has done such work as he deems necessary to arrive at his own views before coming into the conference; it is not a bull session in which off-the-cuff reactions are traded, but instead a discussion in which considered views are stated."

For most of the justices, law clerks again play an important role in opinion drafting, conducting research and assisting at various stages of the revision process. During the process, the justices and their staffs often call upon the resources of the vast Supreme Court library, which contains more than 500,000 volumes of legal reference materials.

Justices have no timetable for when an opinion has to be issued, and they may spend months considering and honing opinions. Justices may also be pulled away to attend to other business in their assigned judicial circuit as opinions are hammered out, further lengthening the process.

Opinions and dissents are often written with great passion for their viewpoints, with justices occasionally trading barbs about each other's views on an issue. Clashes tend to arise over individual methodologies of interpreting the Constitution coupled with differences in basic judicial ideologies.

According to court writings, justices can be swayed to one side of an argument or another as the opinion starts to take shape. Drafts are circulated as decisions evolve and a court opinion may have to be rewritten several times in order for a majority to retain all of its voters.

Assigned to write the majority opinion in a 1990 criminal case, Justice John Paul Stevens wrote to Chief Justice Rehnquist: "Dear Chief: Having been a specialist in converting draft majority opinions into dissents since my first term on the court, I can assure you that I will produce a draft with all deliberate speed."

True to form, Stevens ultimately wound up in the dissent on the case, according to The Washington Post.

After all revisions and corrections are complete, a master proof is sent for printing under tight security. When the opinion is released, the court's reporter of decisions writes a short summary, called "syllabus," to encapsulate the opinions.

Justices will then briefly appear in the courtroom to announce the court's opinion, occasionally reading portions of the opinion's text. Dissenters are also given a chance to comment, an event that can produce exciting moments in the court's chambers if justices choose to explain their position on a case.

A full term's worth of written opinions, including dissents and orders, can amount to as many as 5,000 pages, according to Supreme Court records. The court's opinion on a case is final -- there can be no further appeals or exceptions, although issues sometimes return to the high court years later, where new justices may offer a different ruling on the same matter.


-- Compiled by Maureen Hoch for the Online NewsHour

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