| 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.
After
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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