Background graphic
At the Lectern

78 days without an opinion; no big deal for this time of year

November 15, 2022

The Supreme Court hasn’t filed an opinion since it decided three cases on August 29. (See here, here, and here.) But letting more than 20 percent of 2022 pass without a decision is not unusual. In 2020, at this time of year, for example, there was an 84-day gap between opinions. (See here.)

The court doesn’t hear oral arguments in July or August. Under the 90-day rule, the cases argued before the summer hiatus are typically decided before Labor Day, and opinions in September calendar cases normally aren’t due until the beginning of December.

The opinion drought should end soon. The six cases argued this past September are due to be filed by December 5 and only five regular filing days remain before that deadline.

Put Our Proven Appellate Expertise to Work for You.

For over 60 years, we've preserved judgments, reversed errors, and reduced awards in some of California’s most high-profile appellate cases.

Explore our practices Explore Careers
Horvitz