Each June, the U.S. Supreme Court captures national attention as it releases key rulings. These decisions are shaped by a structured legal process that mostly occurs away from public view. This procedure involves strict rules, private meetings, written briefs, oral arguments, and the final announcement.

The Agenda-Setting Process

The Supreme Court operates reactively, meaning it waits for cases to be brought to it by individuals, businesses, or governments. A losing party from a lower court files a writ of certiorari, requesting the Supreme Court to review the case. The winning party can file a brief in opposition. Amicus curiae, or “friend of the court” briefs, can also be filed by interest groups, highlighting the case’s importance and urging a review.

The court gets about 4,000 petitions each term but hears fewer than 80 cases, translating to roughly a 2% chance for review. Law clerks assist the justices by recommending whether to grant or deny petitions. The justices meet privately to discuss these on most Fridays. They use the rule of four, where four of the nine justices must agree for a case review. After the meeting, they release orders of granted and denied certiorari; denied cases uphold the lower court’s decision, while granted cases proceed to the merits stage.

Legal Briefs and Oral Arguments

Parties to a case persuade justices through legal briefs. The petitioner argues that a legal error at the lower court warrants reversal. The respondent contends that the lower court’s decision was correct and should stand. Others may file amicus briefs, indicating public policy implications. Some cases may receive over 100 amicus briefs, as seen in Obergefell v. Hodges.

Oral arguments follow briefing. Each side usually has half an hour to present, during which justices ask questions and hint at their potential decisions.

Conference and Votes

Days after oral arguments, justices meet privately for preliminary votes. The chief justice begins, followed by others by seniority. A majority forms but can change until the opinion announcement. A justice in the majority drafts the opinion; if the chief justice is not in the majority, the eldest majority member assigns it. Majority opinions undergo revisions as justices negotiate content.

In addition to majority opinions, justices may draft concurring and dissenting opinions. Concurring opinions support the decision but offer different legal reasoning. Dissenting opinions oppose the majority’s decision.

Releasing Opinions

Opinions are released throughout the term, mainly in June. During announcement, the majority opinion author explains the decision. Occasionally, dissenting justices read from their opinions to highlight disagreement, as Justice Sonia Sotomayor did in June 2023, criticizing the majority’s stand on affirmative action.

The Supreme Court’s monumental June rulings stem from thorough and structured processes. Understanding them reveals how nine unelected justices interpret the Constitution and impact millions of lives.