Evolution of Supreme Court Opinion Presentation
The Supreme Court’s approach to presenting opinions has undergone significant transformation over the centuries. Notably, the busiest opinion day in the Court’s history occurred in 1889 under Chief Justice Melville Fuller, when 50 decisions were handed down. However, how opinions are presented has dramatically changed since then.
19th and 20th Century Practices
During the 19th and early 20th centuries, there was no immediate printed documentation available to the press or the public when verdicts were announced. Instead, judges would read their opinions aloud, with reporters taking notes to accurately capture the content. The earliest published decisions were compiled by entrepreneurs, who sold them for profit, creating a market for legal documentation.
Challenges in Early Legal Reporting
The first significant reporter of decisions was Alexander Dallas, who published volumes starting in 1790. Unfortunately, the quality of his reports varied greatly, characterized by frequent omissions and errors. For example, Volume 4, which included Supreme Court decisions from the August 1800 term, was not released until 1807. His successor, William Crunch, faced similar issues with delays and inaccuracies. A turning point occurred with the appointment of Henry Wheaton as the third official reporter, who benefited from the collaboration of Justice Joseph Story, who provided him with written opinions and notes.
Legislative Changes and Copyright Ownership
In 1817, Congress officially compensated Wheaton with an annual salary of $1,000 as a decision reporter. Despite this, he still bore the expenses associated with printing and commercially distributing his opinions. Initially, Wheaton held exclusive rights to profit from these published works until the 1834 ruling in Wheaton v. Peters declared that no reporter could claim copyright over their publications, thus allowing the public free access to court opinions.
Formalizing Written Opinions
On March 14, 1834, the Supreme Court mandated that judges submit their opinions in writing. The process stipulated that the original written opinion be sent to the reporter, who would then edit and print it for safekeeping with the clerk. An order in 1843 modified this directive, requiring that opinions first be submitted to the clerk before being given to the reporter.
Challenges of Printed Text
Despite these reforms, the printed opinions were not infallible. During Chief Justice Roger Taney’s tenure, justices would read their opinions aloud before transferring them to clerks and reporters. This process allowed justices the opportunity to revise their opinions, sometimes substantially, as illustrated by the infamous Dred Scott case.
Establishment of Official Reporting Standards
In 1874, Congress allocated $25,000 to establish a comprehensive archive of Supreme Court opinions, leading to the retroactive numbering of initial reports from Dallas to Volume 90. This initiative transitioned the responsibility for printing and selling U.S. Reports to the government, which began publishing them in 1876. However, delays prompted private companies, like West Publishers, to start their own series, offering timelier publications. Nonetheless, the Government Printing Office remains the official publisher for Supreme Court opinions.
Modernized Access to Opinions
The landscape for the dissemination of court opinions was further revolutionized in 1935 when courts began providing journalists with complete copies of opinions immediately upon their release. This shift, known as the “hands down” protocol, allowed for the rapid distribution of decisions via pneumatic tubes to the press room. While Chief Justice Warren Burger eliminated these tubes and the press box in 1971, he mandated that a syllabus be included with each opinion at the time of release.
Technological Advancements in Information Delivery
Since the 1990s, the advent of electronic publication through Project Hermes has allowed for same-day access to opinions. The launch of the Supreme Court’s official website on April 17, 2000, marked a significant milestone, as opinions began to be posted online within hours of their oral presentation in court. Today, legal analysts and the public can access newly released opinions within seconds of their announcement.
