Decisional Process

Decisional Process in the United States

In the Supreme Court Courtroom

After a case has been argued, the Supreme Court will vote at a Conference, and the case will be assigned to a Justice to write the majority opinion. Opinions may be handed down at any time after the argument. The only information the Clerk or his staff can give you in this regard is that cases argued during the Term are usually decided before the end of June.

Opinions are released in the Courtroom on any day the Court is sitting, but usually on Tuesday or Wednesday when the Court sits for oral argument and on Monday when the Supreme Court sits for the announcement of orders and group Bar admissions. Counsel (lawyers of one party) should also be aware that in June the Court frequently adds additional sittings to announce opinions.
Information about additional sittings is posted on the Court’s website on Friday afternoons.

Opinions are typically released to the public and news media—in both written and electronic form—as they are read from the Bench.

Opinions are available on the Court’s website soon after announcement. Copies of opinions are mailed to arguing counsel and counsel of record on the day of release.

The judgment or mandate of the Supreme Court will be issued by the Clerk following the end of a 25-day period after the release of the opinion, unless a petition for rehearing has been
timely filed. Rule 45.

If the petitioner prevails, the Clerk of the Court will provide for an award of costs, if appropriate, in the judgment or mandate. Only the costs of printing the joint appendix and the docketing
fee may be awarded. Rule 43.


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