What is the difference between a Supreme Court opinion in a Supreme Court dissent?

Reading a U.S. Supreme Court opinion can be intimidating. The average opinion includes 4,751 words, and is one of approximately 75 issued each year. It might be reassuring, however, to know that opinions contain similar parts and tend to follow a simi­lar format. There are also useful things to identify amid the pages to help focus reading. Here is a basic guide for read­ing a U.S. Supreme Court opinion.

• Identify the parts
  Typically, a U.S. Supreme Court opinion is comprised of one or more, or all, of the following parts:

• Syllabus
  The syllabus appears first, before the main opinion. It is not part of the official opinion, but rather, a sum­mary added by the Court to help the reader better understand the case and the decision. The syllabus out­lines the facts of the case and the path that the case has taken to get to the Supreme Court. The last por­tion of the syllabus sometimes sum­marizes which justice authored the main opinion, which justices joined in the main opinion, and which jus­tices might have issued concurring or dissenting opinions.

• Main Opinion
  Following the syllabus is the main opinion. This is the Court’s offi­cial decision in the case. In legal terms, the opinion announces a decision and provides an explana­tion for the decision by articulating the legal rationale that the justices relied upon to reach the decision. The main opinion may take dif­ferent forms, depending on how the justices decide certain issues. Sometimes decisions are unani­mous—all of the justices agree and offer one rationale for their decision, so the Court issues one unanimous opinion. When more than half of the justices agree, the Court issues a majority opinion. Other times, there is no majority, but a plurality, so the Court issues a plurality opin­ion. Typically, one justice is identi­fied as the author of the main opin­ion. Per curiam opinions, however, do not identify any authors, and are simply, opinions of the Court.

• Concurring and Dissenting Opinions
  Often, there are multiple opinions within the document because the justices are not in agreement. Jus­tices who agree with the result of the main opinion, or the resolution of the dispute between the two par­ties, but base their decision on a different rationale may issue one or more concurring opinion(s). Likewise, justices who disagree with the main opinion in both result and legal rationale may issue one or more dissenting opinion(s).

• Understand the formal elements
  Regardless of which, or how many, parts comprise the opinion, they will share several formal elements. Headings typically include the Court term in which the opinion was announced, case docket num­ber, argument dates, and decision date. Another important element is the case name, which helps deter­mine the parties involved in the case (see sidebar). Finally, there might be an explanation of where the case came from before reach­ing the Court. Often, there is a note about certiorari, an order by which a higher court reviews the decision of a lower court. For example, an opinion may reference “Certio­rari for the United States Court of Appeals for the Ninth Circuit.” That means the Court reviewed the case from the lower court, the U.S. Court of Appeals of the Ninth Circuit.

• Read purposefully
  When reading an opinion, it is important to focus on a few “big picture” take­aways.

• Facts
  Pinpoint the facts of the case, or the “story”—who, what, when, and where. Supreme Court cases tend to begin with a person, place, thing, or event, often in everyday scenarios. The goal is to be able to tell the sto­ry of the case, including its proce­dural history.

• Legal Dispute(s)
  What are the legal issues in the case? What questions are being pre­sented? Is the Court interpreting the Constitution or a statute—e.g., an act of Congress? Try to identify the parties’ particular dispute(s) and their main arguments.

• Disposition
  Generally, the end of the main opin­ion includes the disposition, or what action the Court is taking. When reviewing decisions from a lower court, the Supreme Court basically has three options:
  • Affirm—allow the lower court’s ruling to stand;
  • Reverse, Void, or Vacate—over­turn the lower court’s ruling; or
  • Remand—send the case back to a lower court for a retrial.
    Sometimes the Court combines the last two of these options—reverse and remand—and not only over­turns the lower court’s decision, but also orders a retrial.

• Law
  The main opinion will include a section on law, which includes the Court’s legal reasoning or holding. In some opinions, this will be clear­er than others, but try to identify at least one principle of law that the Court outlines as a basis for its rul­ing. Sometimes, the opinion cites past cases—legal precedent, policy, or outlines other considerations. Finally, were there any concurring or dissenting opinions? If so, try to determine the differences in reasoning.

• Understand the Significance and Scope
  Consider the significance of the opinion. This may not be readily apparent simply from reading the text of the opinion. What do you think will be its application beyond the particular facts of the case? Con­sider other possible fact patterns to which it might apply. What else do you think will be the consequence of the opinion, especially consider­ing its holding or legal reasoning? What precedent might it establish?

What Does that Case Citation Mean?

A Note on Case Names

Cases are named according to the parties involved. When there are two parties, the first name is the petitioner, or the party filing the lawsuit against the second party, the respondent.
Sometimes case names do not list two parties, such as cases whose names include In re or Ex parte. In re is a Latin term meaning “in the matter of” and is typically used in cases where there are not two designated adversarial parties. Such cases might involve property disputes, court orders, or situations where the Court is asked to clarify matters, such as In re Debs. In this example, Debs was challenging an injunction, or court order, issued by the federal government during a labor strike. The term is also used in certain cases involving juveniles, such as In re Gault.

Ex parte is also a Latin term, which refers to a case “from one party.” Typically, one or more of the parties is absent from the legal proceedings. Ex parte is followed by the name of the party who initiated the case, as in Ex parte Merryman. One individual, Merryman, arrested during the Civil War, challenged the government’s right to hold him without charges. He sought an order that would require the government to charge him with something, or let him go.

Where to find U.S. Supreme Court Opinions

U.S. Supreme Court www.supremecourt.gov/opinions
Legal Information Institute  www.law.cornell.edu
Oyez Project www.oyez.org