In a break from its recent pattern, the U.S. Supreme Court will issue its first opinion of the term on November 22, signaling a shift back to earlier decision-making timelines.
Bloomberg Law reported that this opinion, addressing a case argued during the October sitting, comes sooner than many initial decisions in recent years, which have been unveiled as late as January.
The announcement represents a notable pivot from the trend observed in the past few terms where the Court delayed its first opinion releases well into the new year. Historically, the Supreme Court’s first opinion of the term has typically been issued in November.
During Justice Ruth Bader Ginsburg's tenure, this seemed to be a customary timeline, and her early November opinions were often unanimous.
More recently, however, the Court has taken longer to release its decisions. The first opinion during the 2022 term was not delivered until January 23, 2023, setting a new record for the latest initial opinion release since the institution of its October term structure in 1917.
The upcoming opinion will address one of the nine cases argued in October. The cases cover various legal topics, including federal court jurisdiction, the ability to recover attorney's fees, and the necessity to exhaust administrative remedies prior to litigation in federal court.
The decision to release the first opinion earlier this term may address concerns about the Court's perceived delays.
The shift is particularly significant given the recent trend of fewer cases being heard overall, accompanied by a greater proportion of high-profile disputes dominating the docket. As of now, the Court has agreed to hear 45 cases this term, with expectations to add more by mid-January.
While the November opinion will tackle issues argued in October, the more intricate and contentious cases, like the challenges to Biden administration’s “ghost gun” regulations and a contentious capital case from Oklahoma, are expected to take longer for a final decision. These cases have been earmarked as complex, demanding more detailed examination and deliberation.
Historically, earlier opinion releases have been more common than in recent years. However, the Court’s docket has evolved, accommodating cases that require more time due to their complexity and social implications.
Justice Ginsburg had historically authored opinions soon after the term began, such as the November 6, 2018 release in *Mount Lemmon Fire District v. Guido*, a sign of the Court’s previous pace.
Presently, the caseload has shifted, evidenced by the Court grappling with a combination of less controversial lower-profile cases alongside potential landmark decisions.
This includes instances where the Court may dismiss cases as “improvidently granted,” indicating a reconsideration of whether it should have agreed to hear those cases in the first place.
Justice Elena Kagan’s comments during the November 13 arguments in an investor suit against Nvidia reflect this contemplative stance. Her remark about the lack of clarity on the necessity of the case underlines the discerning approach to case selection and acceptance by the current justices.
This move to issue opinions more swiftly marks a potential return to efficiency while balancing the demands of high-stakes cases.
It is anticipated that this might not only quicken the pace at which the Court communicates its decisions but also set a precedent for managing the Court's upcoming workload.
As the Court continues deliberating its current term cases, its docket is primarily filled with less controversial matters. These do not involve polarizing social issues, thereby providing the justices with an opportunity to expedite simpler decisions while dedicating necessary attention to more complex matters.
This year, up to mid-January, more cases are expected to be added, potentially influencing the Court’s schedule and the timing of subsequent opinions.
With enhanced scrutiny on the Court’s efficiency and its approach to case resolution, the ramifications of this earlier release could be wide-ranging.
Observers are keenly watching if this pace will characterize the remainder of the term and whether the Court will maintain this earlier timeline for initial opinions. The balance between expedience and thoughtful deliberation continues to be a hallmark of the Supreme Court’s responsibility.
The dynamics of case handling have far-reaching implications, influencing public perception of judicial efficiency and meticulousness. With the Court gradually shaping its schedule and priorities, its approach could impact both practitioners and nationwide legal precedents.
