Reading a U.S. Supreme Court opinion can be intimidating. The average opinion includes 4,751 words and is one of approximately 75 issued yearly. 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 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 some instances involving juveniles, such as In re Gault.

Ex parte is a Latin term referring to a case “from one party.” Typically, one or more parties are 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 requiring the government to charge him with something or let him go.

Teaching Document Provided by the American Bar Association.

Overview

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion, impedes the free exercise of religion, abridges the freedom of speech , infringes upon the freedom of the press, interferes with the right to peaceably assemble, or prohibit citizens from petitioning for a governmental redress of grievances. It was adopted into the Bill of Rights in 1791. The Supreme Court interprets the extent of the protection afforded to these rights. The Court has interpreted the First Amendment as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments.

Freedom of Religion

Two clauses in the First Amendment guarantee freedom of religion. The Establishment Clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the "separation of church and state." However, some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of " blue laws " is not prohibited. The Free Exercise Clause prohibits the government, in most instances, from interfering with a person's practice of their religion.

Freedom of Speech / Freedom of the Press

The most basic component of freedom of expression is the right to freedom of speech. Freedom of speech may be exercised in a direct (words) or a symbolic (actions) way. Freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights. The right to freedom of speech allows individuals to express themselves without government interference or regulation. The Supreme Court requires the government to provide substantial justification for interference with the right of free speech when it attempts to regulate the content of the speech. Generally, a person cannot be held liable, either criminally or civilly, for anything written or spoken about a person or topic, so long as it is truthful or based on an honest opinion and such statements.

A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. For more unprotected and less protected categories of speech see advocacy of illegal action, fighting words, commercial speech, and obscenity. The right to free speech includes other mediums of expression that communicate a message. The level of protection speech receives also depends on the forum in which it takes place.

Despite the popular misunderstanding, the right to freedom of the press guaranteed by the First Amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.

Right to Assemble / Right to Petition

The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. Freedom of assembly is recognized as a human right under Article 20 of the Universal Declaration of Human Rights. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating with groups that engage in and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with First Amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.

The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through litigation or other governmental action. It works with the right of assembly by allowing people to join together and seek change from the government.

Provided by the Legal Information Institute and Cornell University.