Social Education 77(1), pp 32–35 ©2013 National Council for the Social Studies Looking at the Law How to Read a U.S. Supreme Court Opinion Tiffany Middleton Reading U.S. Supreme Court opinions can be intimidating. Yet, in the digital age, it Brown, for example, was a unanimous has never been easier to access them. The average opinion is about 4,750 words, and opinion with all nine justices agreeing is one of approximately 75 issued by the Court each year. It might be reassuring to on the decision and the legal rationale. know that opinions contain similar parts and tend to follow a similar format. There When more than half of the justices agree are also useful key words to identify amid the pages of a PDF or HTML text to on the same result and the rationale, the help focus reading. Here, “Looking at the Law” offers a basic guide for reading and Court issues a majority opinion. Tinker v. analyzing these important primary legal documents. Des Moines, for example, was a majority opinion, with seven justices ruling for the Step 1: Identify the Parts. syllabus with a heading: “Opinion of the petitioner, Tinker, and agreeing with the Typically, a U.S. Supreme Court opinion Court,” or will announce a particular rationale, and two justices not in agree- document is comprised of one or more, justice delivering the opinion for the ment with the majority.4 or all, of the following: Court. Typically, one justice is identi- Other times, there is no majority, but fied as the author of the main opinion, as a plurality, so the Court issues a plural- Syllabus in “Mr. Chief Justice Warren delivered ity opinion. The 2008 case concerning The syllabus appears first, before the the opinion of the Court,” from Brown v. voter identification, Crawford v. Marion main opinion. It is generally identified Board of Education.2 This practice origi- County Election Board, was a plurality by a heading. The syllabus is not part of nated in the early nineteenth century with decision with six justices agreeing on the the official opinion, though it is often Chief Justice John Marshall, who felt decision, but disagreeing on the legal printed in the opinion document; but is it presented a unified front, and would rationale. Three justices agreed on one rather, a summary added by the Court ultimately bolster the Court’s prestige. rationale, while three justices agreed on to help the reader better understand the Per curiam opinions, however, do another. Three other justices did not case and the decision. The syllabus may not identify any authors, and are sim- agree with the decision. be several pages long, and outlines the ply, opinions of the Court. Latin for “by facts of the case and the path that the case the court,” per curiam opinions tend to Concurring and Dissenting Opinions has taken to get to the Supreme Court. be shorter in length, and address ques- Often, there are multiple opinions The syllabus was particularly significant tions where individually authored opin- included in the opinion document in the recent health care ruling.1 It was, ions may not be the most effective. Bush because the justices are not in agree- for many media outlets, the quickest v. Gore, for example, was a per curiam ment. These are set apart from the rest summary of breaking news available opinion issued to resolve the 2000 presi- of the opinion with specific identifying for public reporting. The syllabus often dential election dispute.3 headings. The justices who agree with concludes with a summary of which jus- In legal terms, the opinion announces the result of the main opinion, or the tice authored the main opinion, which a decision and provides an explanation resolution of the dispute between the justices joined in the main opinion, and by articulating the legal rationale that the two parties, but base their decision on a which justices might have issued concur- justices relied upon. The main opinion different rationale may issue one or more ring or dissenting opinions. may take different forms, depending on concurring opinion(s). Likewise, justices how the justices decide certain issues. who disagree with the main opinion in Main Opinion Sometimes all of the justices agree on both result and legal rationale may issue Following the syllabus is the main opin- both the result and the legal rationale one or more dissenting opinion(s). The ion. This is the Court’s official decision for their decision. The Court, in these opinion in the 2011 free speech case, in the case. It is often set apart from the cases, issues one unanimous opinion. Snyder v. Phelps, for example, includes Social Education 32 both a concurring and dissenting opin- date. Another important element is the U.S. District Court for the District of ion.5 Justice Stephen Breyer agreed with case name, which identifies the parties Kansas. Bush v. Gore notes “on writ of the decision, but not the rationale, so involved in the case. Generally, the party certiorari to the Florida Supreme Court.” he issued a concurring opinion. Justice listed first is the petitioner, or party peti- This means that the case was being Samuel Alito, however, disagreed with tioning, or suing, the court for judgment reviewed for the Florida Supreme Court. both the decision and the rationale, and against the other party, known as the Finally, just as opinions have com- issued a dissenting opinion. respondent. For example, the name of the monalities in their openings, they also case Snyder v. Phelps originates from the have commonalities in closings. Main Step 2: Understand the Formal fact that Albert Snyder filed suit against opinions end with the phrase, “It is so Elements Fred Phelps, Sr. The case name U.S. v. ordered.” This is meant to reinforce Regardless of which, or how many, parts Jones denotes that the United States gov- the notion that this decision is coming comprise the opinion, they will share ernment filed suit against Antoine Jones.6 from the Court, not an individual jus- several formal elements. Headings, also The heading might also include an tice, despite who might be identified in known as the “caption,” typically include explanation of where the case came from the opinion documents, and shall be the Court term in which the opinion was before reaching the Court. Often, there is executed or enforced. announced. Supreme Court terms begin a note about certiorari, a Latin word for in October of each calendar year, and “to be informed of,” and in legal terms, an Step 3: Read Purposefully extend into the summer of the following order by which a higher court reviews the When reading an opinion, it is important year. So a decision announced in March decision of a lower court. For example, to focus on a few “big picture” takeaways: 2013 would be part of the 2012 Term, the opinion in Brown notes “appeal from since the term began in October 2012. the United States District Court for the Facts Opinions also include the case docket District of Kansas.” That means the case Pinpoint the stated facts of the case, or number, argument dates, and decision is being reviewed upon appeal from the the “story” or narrative—who, what, Before the Opinion: Three Ways that a Case Reaches the U.S. Supreme Court Original Jurisdiction decision from the district court, the case may be heard in the next The first, and least common, way that a case reaches the Supreme higher court in the federal system, part of the U.S. Court of Appeals. Court is when the case falls under the Court’s original jurisdiction. If parties are unhappy with the resolution in the circuit’s Court of The Court is able to hear the case directly. It does not need to go Appeals, they may appeal to the Supreme Court. Parties seeking to through another court first, it simply goes to the Supreme Court. appeal a decision of a circuit court may petition the Court for a writ These types of cases are set forth by Article III of the Constitution, of certiorari, an order by which a higher court reviews the decision and other congressional acts—the Federal Judiciary Act, for of a lower court. If the Court grants the petition, then the case is example. The Supreme Court is the only court able to hear cases scheduled for future argument. involving disputes between different states. Other original Unlike other courts, the Supreme Court is able to decide which jurisdiction examples include cases where one or more states is cases it will hear on appeal. The Court receives approximately the plaintiff in the case—suing another party, or cases where the 10,000 petitions for certiorari each term, but only hears a fraction— United States government is suing another state. These cases are fewer than 100. The case is only heard if four of the nine justices rare, and may appear once or twice during any term. agree that there is an important need for review. If the case is denied certiorari, then the decision of the lower court is final. Writ of Certiorari The most common way for a case to reach the Supreme Court is State Supreme Courts on appeal from another lower federal court. The United States Another way, also common, that a case reaches the U.S. Supreme is divided into 94 different geographic federal judicial districts— Court is through review of a state supreme court decision. Each including at least one district in each state, Washington, D.C., and state has its own supreme court that is the final authority on all Puerto Rico.