The Anatomy of an Opinion

Breaking down the written decisions issued in Supreme Court of Ohio cases

A stack of papers with binder clips and a magnifying glass

Learn about Supreme Court opinions, which explain its decisions in Ohio cases.

If you’ve followed a case pending before the Supreme Court of Ohio, you may wonder what happens once arguments are reviewed by the justices. After considering both sides of the case, Supreme Court justices must reach a decision that is then released to the public. Opinions explain how the justices reach these decisions.

The decision in a case is outlined in the majority opinion, which is joined by more than half of the justices considering the case and becomes the opinion of the Court.

Formula of Opinions
There is a general outline provided in the Supreme Court of Ohio’s Writing Manual that details the basic elements of a majority opinion. These elements are the headnotes, vote line, introduction, statement of facts, procedural history, legal analysis, and conclusion. While this format isn’t required, it helps readers follow the flow of an opinion and provides a structure for included information.

Headnotes: The headnotes are written by the Court’s Office of the Reporter and provide key words and phrases describing the case’s subject matter, subtopics, relevant statutes, and ruling. Directly underneath is a line that includes the case number, the date the case was submitted, and the date the case was decided.

Vote Line: A vote line is a list of every justice’s decision in the case. If there is a single author, that justice will be listed first, before the justices who joined the majority opinion. These justices are followed by statements indicating concurring or dissenting votes and opinions. When an opinion is not authored by a single justice, it is referred to as a “per curiam,” or “by the court,” opinion.

Introduction: The introduction includes the main issue of the case with basic factual context. It doesn’t reiterate all information about the case but gives a summary of the decision, which is explained throughout the remainder of the opinion.

Statement of Facts: The statement of facts section introduces the parties in the case and describes the events that led to the case originally being filed in the lower court.

Procedural History: Typically, the procedural history identifies the rationale of the decision of the trial court or administrative agency, states which side appealed to the court of appeals, and how the court of appeals decided that case.

Legal Analysis: The legal analysis section describes in precise terms the legal question of the case. The section identifies sources of legal principles, such as statutes or prior Court decisions, used in the decision and how these principles apply to the facts of the case.  

Conclusion: The conclusion summarizes the basis of the decision and how the decision will affect involved parties.

Separate Opinions
When a justice agrees with the decision but doesn’t fully agree with the reasoning, the justice may write a concurring opinion. This is a vote in favor of the Court’s judgment, but for reasons different than those stated in the majority opinion. Justices who disagree with the majority decision may issue dissenting opinions, which explain why they see the case differently.

A justice occasionally submits an opinion that partially concurs with and partially dissents from the majority decision. In these cases, the opinion gives readers an understanding of a justice’s reasoning when there is only a partial agreement with the majority on the issues within the case.

Where to Find Court Decisions
Today, opinions are readily available to the public when a case decision is released. Attorneys, judges, and the public can find Court case decisions and opinions on the Court’s Opinions and Announcements website. Beginning May 1, 2002, the Court’s website became the repository of opinions of the Supreme Court of Ohio, the Courts of Appeals, and the Court of Claims. Opinions are searchable by multiple attributes, including year, author, and case number.

While the Court doesn’t have official terms of a certain length, the Ohio Revised Code states that the justices “shall meet at Columbus in January of each year and at subsequent times throughout the year as determined by the court.” Periodically, a volume of released opinions is published in Ohio Official Reports, a publication dating to 1964.

Prior to Ohio Official Reports, opinions were released in Ohio State Reports, which began reporting decisions in March of 1852. Another series, Ohio Reports,contains decisions from 1821 to 1852. Publication of Court opinions began after a legislative act was passed that required the Court to appoint a reporter to report all its decisions, many of which were accompanied by short opinions.

The Court’s Law Library houses all volumes of the three series. Plan a visit to the Court to see the library or tour the Courtroom.