What are the three types of opinions?

Answered by Edward Huber

The three types of opinions that precede the issuance of bound volumes of the U.S. Reports are bench opinions, slip opinions, and preliminary prints. These temporary forms serve as the official decisions of the Court until they are published in the final bound volumes.

1. Bench opinions: Bench opinions are the initial written decisions of the Court, typically authored by one of the justices. These opinions are prepared shortly after a case has been heard and decided by the Court. They are called “bench opinions” because they are often read from the bench during the announcement of the Court’s decision. Bench opinions are not extensively edited or revised and may contain the initial thoughts and reasoning of the justice who authored the opinion. They are considered temporary and are subject to further revision and editing before they are finalized.

2. Slip opinions: Slip opinions are the next stage in the publication process of the Court’s decisions. They are essentially the final version of the Court’s opinions, but they are still not the official version. Slip opinions are typically released to the public shortly after the bench opinions have been announced. They are called “slip opinions” because they are printed on thin paper and are not yet bound like the final volumes. Slip opinions are often published online and in legal databases to provide timely access to the Court’s decisions. They contain the revised and edited version of the bench opinion, reflecting any changes or corrections made by the justices or their clerks.

3. Preliminary prints: Preliminary prints are the final step before the Court’s opinions are published in the bound volumes of the U.S. Reports. These prints are circulated to the parties involved in the case, as well as selected libraries and legal professionals. Preliminary prints are bound and printed on higher-quality paper, resembling the final volumes, but they are not yet the official version. They provide an opportunity for final review and correction of any errors or typographical mistakes before the opinions are published in the official bound volumes. Once any necessary revisions have been made, the opinions are published in the U.S. Reports, becoming the official and permanent record of the Court’s decisions.

In my personal experience as a legal researcher, I have found slip opinions to be particularly useful for staying updated on recent decisions of the Supreme Court. They are often readily available and provide valuable insights into the Court’s reasoning and interpretation of the law. However, it is important to keep in mind that slip opinions are still subject to potential revisions before they become the official version. Therefore, it is advisable to consult the final bound volumes of the U.S. Reports for the most authoritative and accurate rendition of the Court’s opinions.