The Decision-Making Process

While a single justice is usually tasked with drafting the decision for the majority, it remains a collective process.

In the weeks or months following the hearing, the justices exchange written comments and drafts, refining their arguments and sometimes persuading each other to change, clarify, or add nuance to their position.

This back-and-forth continues until the decision is finalized. It is then translated and publicly released.

By the numbers: Unanimous vs. split decisions

Are most of the Supreme Court’s decisions unanimous? What percentage of them include a dissent? Explore the graphic below to find out.

Decision Types (percentage, 1975–2024)