Oral Argument and Opinions

In the early Court, lawyers sometimes argued a single case for days. Time limits were gradually imposed, and since 1970 most cases have received one hour, usually 30 minutes for each side, with the Solicitor General often given time to present the federal government's views. Arguments are held from October through April in the courtroom of the Supreme Court Building. Since 2021 each argument has included a period of open questioning followed by a round in which each Justice, in order of seniority, may ask questions, and since May 2020 the Court has streamed live audio of arguments, though cameras remain barred.

Within days of argument the Justices meet in private conference, where they discuss the case and cast tentative votes in order of seniority. If the Chief Justice is in the majority, he assigns the opinion of the Court, and otherwise the most senior Justice in the majority does. Drafts circulate among the chambers, and votes can change. Justices who agree with the result but not the reasoning may write concurring opinions, and those who disagree may write dissents. When no single rationale wins five votes, the lead opinion is a plurality opinion.

The Court announces decisions in the courtroom and posts them online as slip opinions, later published in the official United States Reports, and the most contentious cases are often released in late June at the end of the term. Opinions have grown longer, and Justices sometimes read dissents aloud from the bench to signal strong disagreement. Supporters say written opinions make the Court's reasoning transparent and give lower courts guidance, while critics say the Court increasingly decides major issues through brief unsigned orders on its emergency docket without full argument or explanation.