What Is a Supreme Court Opinion?

The Supreme Court of the United States plays a fundamental role in protecting the values enshrined in the U.S. Constitution. But reading a Supreme Court opinion can be complicated and intimidating.

This article provides a general guide to understanding U.S. Supreme Court opinions. Knowing how to read an opinion can help you prepare for an ongoing legal case.

But case law can be easily misunderstood, and every case involves unique factors. You may want to consult a trial attorney about how a Supreme Court decision could shape the outcome of your case.

Parts of a Supreme Court Opinion

In most cases, a Supreme Court opinion consists of the components below. To see how these pieces fit together in context, you can find examples of opinions in FindLaw’s Supreme Court case database.

Syllabus

The syllabus describes the facts of the case. It also explains the procedure of how the case reached the Supreme Court. The syllabus summarizes the Supreme Court case, but it’s not part of the opinion. It is also not law itself.

Main Opinion/Binding Decision

The main opinion gives the official decision. It also provides a legal analysis of how the Justices came to that decision.

This main opinion could take one of the three forms below:

• Unanimous opinion: When all the justices agree on the decision as well as the rationale for the decision
• Majority opinion: When more than half the justices agree on the decision
• Plurality opinion: When there is no majority but a plurality, which is the highest amount of justices that agree on the same decision

In rare cases, there may be a tie. This can occur if there’s a vacancy or when a justice abstains from a case. In the event of a tie, the lower court’s decision will stand.

Usually, the Chief Justice or an Associate Justice will write the majority opinion. But sometimes, the Court publishes a per curiam opinion. A per curiam opinion does not specify the justice who wrote the opinion.

Disposition

Usually, the Court will outline what action it will take at the end of the main opinion. This is called a disposition. A disposition may include:

• Affirming the lower court’s decision
• Overturning the lower court’s ruling
• Sending the case back to the lower court (remand the case)

If the Court does not remand the case, the case is over.

Other Types of Opinions

The main opinion isn’t always unanimous with identical legal reasoning among the justices. One or more of the justices may write additional opinions of the court.

These concurring and dissenting opinions don’t affect the outcome of the case. But they’re important. Supreme Court opinions are analyzed in future cases. Concurring and dissenting opinions may provide an alternate interpretation of the laws.

What Is a Concurring Opinion?

A justice may write a concurring opinion if they agree with the outcome of the main opinion but base their decision on different legal reasoning. The underlying differences between the main opinion and a concurrence can be significant — even if their final conclusions are the same.

What Is a Dissenting Opinion?

Justices who disagree with both the decision and the reasoning may write dissenting opinions. They can explain why they believe the framework of law should be interpreted differently.

How Do Cases Get to the Supreme Court?

The Supreme Court doesn’t follow the same procedures as lower courts when it comes to taking cases. Unlike other courts, the Supreme Court can choose which cases to hear. It maintains a docket system, which records these cases.

Certiorari is a legal term that means a case can advance to the next level of court review. When the Supreme Court grants certiorari, it means at least four of the nine justices agreed to hear a case. A denial of certiorari means that there weren’t enough justices who agreed to hear the case.

But in general, cases reach the Supreme Court in one of the following three ways:

• Appeals of federal cases
• Original jurisdiction
• Appeals of state cases concerning federal law

An Appeal From the Federal Court of Appeals

A party who wants to appeal a decision can file a petition for certiorari (cert). The petition informs the Supreme Court that the party would like the Court to review the decision. This is the most common way cases reach the Supreme Court.

The Court can grant a writ of certiorari and accept the case. It may also decline to hear the case, making the appellate court’s decision regarding that matter final. The Court receives approximately 7,500 requests for cert and grants oral argument in approximately 80 cases.

The Court May Have Original Jurisdiction

In certain instances, the Supreme Court may hear some cases first. Article III, Section II of the Constitution outlines this rare but important jurisdiction. Accordingly, the Supreme Court has original jurisdiction in legal disputes among states and cases affecting ambassadors and other public ministers. The Court exercises original jurisdiction approximately once per term.

Appeals From a State Supreme Court

If a state supreme court rules on a case involving an application or interpretation of the U.S. Constitution or federal law, the Supreme Court may choose to hear the case on appeal. The Supreme Court has the authority to preempt state court decisions.

What Is the Role of the Supreme Court?

The Supreme Court can decide cases involving federal law and those arising under the Constitution. It ultimately serves as the interpreter of the Constitution. The Supreme Court is the highest court in the United States, which means its decisions are binding not only on the parties but also on other cases with similar facts and legal issues.

Supreme Court’s Opinions vs. Other Legislation

Congress can create national laws within the Constitution’s limits. These laws are called statutes. Sometimes, Congress gives the federal government’s executive branch the power to make rules, regulations, and executive orders.

The Supreme Court has the power to interpret the laws made by the other branches. If the Court finds that the laws contradict the Constitution, it can invalidate them and make them inoperative.

Who Can Overrule a Supreme Court Decision?

As the highest court of the land, the Supreme Court’s decision is final except when:

• A new Supreme Court opinion overturns and replaces the old precedent
• Congress changes the law that formed the basis of an opinion
• Congress and state legislatures amend the Constitution

While the Supreme Court holds a significant level of power in the U.S. legal system, these are a few ways this power can be checked.

Get In-Depth Legal Counsel

Supreme Court decisions have a large impact on cases involving similar legal questions throughout the country. Even if your case doesn’t go before the Supreme Court, previous opinions might be relevant to a lower court’s interpretation of law. Speaking with a trial lawyer can help you evaluate how federal case law may play a role in your case.