An in-chambers opinion is an opinion by a single justice or judge of a multi-member appellate court, rendered on an issue that the court's rules or procedures allow a single member of the court to decide. The judge is said to decide the matter "in chambers" because the decision can be issued from the judge's chambers without a formal court proceeding.

Supreme Court of the United States

Each Justice of the Supreme Court of the United States is assigned as the "Circuit Justice" to one or more of the 13 judicial circuits. The role of the Circuit Justice has changed over time, but has included addressing certain types of applications arising within the Circuit.

Under current practice, the Circuit Justice for each circuit is responsible for dealing with certain types of applications that, under the Court's rules, may be addressed by a single Justice. These include emergency applications for stays (including requests for stays of execution in death-penalty cases) and injunctions pursuant to the All Writs Act arising from cases within that circuit, as well as more routine matters such as requests for extensions of time. In the past, Circuit Justices also sometimes ruled on motions for bail in criminal cases, writs of habeas corpus, and applications for writs of error granting permission to appeal.

Most often, a Justice will dispose of such an application by simply noting that it is "Granted" or "Denied," or by entering a standard form of order unaccompanied by a written opinion. However, a Justice may elect to author an opinion explaining his or her reasons for granting or denying relief. Such an opinion is referred to as an "in-chambers opinion" or an "opinion in chambers." On occasion, Justices have also issued single-Justice in-chambers opinions on other matters, such as explaining why they have chosen not to recuse themselves from participating in a particular case before the Court.

The Justices author and publish fewer in-chambers opinions today than they did during the twentieth century; it has been rare in recent years for there to be more than one or two such opinions published per term.

Since 1969, in-chambers opinions that a Justice wishes to have published have appeared in the Court's official reporter, the United States Reports. They appear in a separate section at the back of each volume that contains one or more such opinions. Before 1969, in-chambers opinions did not appear in the U.S. Reports, although they were occasionally published in other reporters or in legal periodicals. During the 1990s, the Supreme Court Clerk's Office compiled a collection of in-chambers opinions contained in the Court's records and other sources. The collection was subsequently published in a three-volume edition by the Green Bag Press, and is supplemented from time to time.

List of in-chambers opinions since 1990

Case Opinion citation[lower-alpha 1] Justice Request Action Date Alternate citation[lower-alpha 2]
Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.573 U.S. 1301RobertsRecall and stay mandateDeniedApril 18, 20145 Rapp no. 16
Hobby Lobby Stores, Inc. v. Sebelius568 U.S. 1401SotomayorInjunctionDeniedDecember 26, 20125 Rapp no. 15
Maryland v. King567 U.S. 1301RobertsStayGrantedJuly 30, 20125 Rapp no. 14
Gray v. Kelly564 U.S. 1301RobertsStay (capital)DeniedAugust 21, 20115 Rapp no. 13
Lux v. Rodrigues561 U.S. 1306RobertsInjunctionDeniedSeptember 30, 20104 Rapp 1626
Philip Morris USA Inc. v. Scott561 U.S. 1301ScaliaStayGrantedSeptember 24, 20104 Rapp 1622
Jackson v. D.C. Board of Elections and Ethics559 U.S. 1301RobertsStayDeniedMarch 2, 20104 Rapp 1620
O'Brien v. O'Laughlin557 U.S. 1301BreyerStayDeniedAugust 26, 20094 Rapp 1591
Conkright v. Frommert556 U.S. 1401GinsburgStayDeniedApril 30, 20094 Rapp no. 1589
Boumediene v. Bush;
Odah v. United States
550 U.S. 1301RobertsExtension of time and suspension of order denying certiorariDeniedApril 26, 20074 Rapp 1563
Stroup v. Willcox549 U.S. 1501RobertsStayDeniedDecember 18, 20064 Rapp 1562
San Diegans for the Mt. Soledad National War Memorial v. Paulson;
City of San Diego v. Paulson
548 U.S. 1301KennedyStaysGranted;
Denied
July 7, 20064 Rapp 1539
Doe v. Gonzales546 U.S. 1301GinsburgVacate stayDeniedOctober 7, 20054 Rapp 1533
Multimedia Holdings Corp. v. Circuit Court of Florida544 U.S. 1301KennedyStayDeniedApril 15, 20054 Rapp 1499
Democratic National Committee v. Republican National Committee (2004)543 U.S. 1304SouterVacate stayDeniedNovember 2, 20044 Rapp 1498
Spencer v. Pugh543 U.S. 1301StevensVacate staysDeniedNovember 2, 20044 Rapp 1496
Wisconsin Right to Life, Inc. v. FEC542 U.S. 1306RehnquistInjunctionDeniedSeptember 14, 20044 Rapp 1458
Associated Press v. Colorado District Court542 U.S. 1301BreyerStayDeniedJuly 26, 20044 Rapp 1455
Cheney v. United States District Court541 U.S. 913ScaliaRecuseDeniedMarch 18, 20044 Rapp 1441
Prato v. Vallas539 U.S. 1301StevensExtension of timeDeniedJune 9, 20034 Rapp 1440
Kenyeres v. Ashcroft538 U.S. 1301KennedyStayDeniedMarch 21, 20034 Rapp 1435
Chabad of Southern Ohio v. City of Cincinnati537 U.S. 1501StevensVacate stayGrantedNovember 29, 20024 Rapp 1434
Bartlett v. Stephenson535 U.S. 1301RehnquistStayDeniedApril 18, 20144 Rapp 1431
Bagley v. Byrd534 U.S. 1301StevensStay (capital)DeniedNovember 6, 20014 Rapp 1429
Brown v. Gilmore533 U.S. 1301RehnquistInjunctionDeniedSeptember 12, 20014 Rapp 1426
Microsoft Corp. v. United States;
New York ex. rel. Spitzer v. Microsoft Corp.
530 U.S. 1301RehnquistRecuse[lower-alpha 3]DeniedSeptember 26, 20004 Rapp 1424
Murdaugh v. Livingston525 U.S. 1301RehnquistVacate stayDeniedNovember 18, 19983 Rapp 1391
Rubin v. United States (1998)524 U.S. 1301RehnquistStayDeniedJuly 17, 19983 Rapp 1389
Netherland v. Gray519 U.S. 1301RehnquistVacate stay (capital)DeniedDecember 23, 19963 Rapp 1387
Netherland v. Tuggle517 U.S. 1301RehnquistVacate stay (capital)DeniedMay 15, 19963 Rapp 1386
FCC v. Radiofone, Inc.516 U.S. 1301StevensVacate stayGrantedOctober 25, 19953 Rapp 1385
McGraw-Hill v. Procter & Gamble515 U.S. 1309StevensStayDeniedSeptember 21, 19953 Rapp 1382
Rodriguez v. Texas515 U.S. 1307ScaliaStay (capital)DeniedAugust 31, 19953 Rapp 1381
Penry v. Texas515 U.S. 1304ScaliaExtension of time (capital)DeniedAugust 28, 19953 Rapp 1377
Foster v. Gilliam515 U.S. 1301RehnquistStayGranted in partAugust 17, 19953 Rapp 1374
O'Connell v. Kirchner513 U.S. 1303StevensStaysDeniedJanuary 28, 19963 Rapp 1372
In re Dow Jones and Company, Inc.513 U.S. 1301RehnquistStayDeniedDecember 5, 19943 Rapp 1370
Edwards v. Hope Medical Group for Women512 U.S. 1301ScaliaStayDeniedAugust 17, 19943 Rapp 1367
Packwood v. Senate Select Committee on Ethics510 U.S. 1319RehnquistStayDeniedMarch 2, 19943 Rapp 1364
CBS Inc. v. Davis510 U.S. 1315BlackmunStayGrantedFebruary 9, 19943 Rapp 1360
Planned Parenthood v. Casey510 U.S. 1309SouterStayDeniedFebruary 7, 19943 Rapp 1354
Capital Square Review and Advisory Board v. Pinette510 U.S. 1307StevensStayDeniedDecember 23, 19933 Rapp 1352
INS v. Legalization Assistance Project510 U.S. 1301O'ConnorStayGrantedNovember 26, 19933 Rapp 1346
DeBoer v. DeBoer509 U.S. 1301StevensStayDeniedJuly 26, 19933 Rapp 1343
Blodgett v. Campbell508 U.S. 1301O'ConnorVacate order (capital)DismissedMay 14, 19933 Rapp 1338
Turner Broadcasting System, Inc. v. FCC507 U.S. 1301RehnquistInjunctionDeniedApril 29, 19933 Rapp 1335
Grubbs v. Delo506 U.S. 1301BlackmunStay (capital)GrantedApril 18, 20143 Rapp 1334
Reynolds v. IAAF505 U.S. 1301StevensStayGrantedJune 20, 19923 Rapp 1332
Campos v. City of Houston502 U.S. 1301ScaliaInjunction and stayDeniedOctober 29, 19913 Rapp 1330
Barnes v. E-Systems, Inc. Group Plan501 U.S. 1301ScaliaStayGrantedAugust 2, 19913 Rapp 1325
Cole v. Texas499 U.S. 1301ScaliaStay (capital)GrantedMarch 18, 19913 Rapp 1324
Mississippi v. Turner498 U.S. 1306ScaliaExtension of time (capital)DeniedMarch 2, 19913 Rapp 1323
Madden v. Texas498 U.S. 1301ScaliaExtension of time (capital)GrantedFebruary 20, 19913 Rapp 1317

Other American appellate courts

The rules of some other multi-member American appellate courts sometimes authorize a single judge or justice to take certain actions. Sometimes these actions are procedural in nature, such as granting extensions of time or granting or denying permission to file an amicus curiae brief. In other courts, the powers of a single judge can be more extensive; for example, in the New York Court of Appeals, a single judge rules on a defendant's motion for leave to appeal in a criminal case, and his or her decision is final.

It is relatively unusual for single judges or justices of lower courts to issue opinions explaining their rulings on these matters, but when they do, the designation "in chambers" is sometimes used.

See also

Notes

  1. The opinions may be accessed from the Supreme Court's website by selecting the appropriate volume (the first number) then scrolling to the appropriate starting page (the second number). For example, 573 U.S. 1301 refers to Volume 573, page 1301 of the United States Reports.
  2. These are citations to Rapp's Reports, the collection of in-chambers opinions compiled by The Green Bag.
  3. Rehnquist raised sua sponte the question of whether he should recuse.

References

  • Frank Felleman & John C. Wright, Note, "The Powers of a Supreme Court Justice Acting in an Individual Capacity", 112 U. Pa. L. Rev. 981 (1964).
  • Daniel Gonen, "Judging in Chambers: The Powers of a Single Justice of the Supreme Court", 76 U. Cinn. L. Rev. 1159 (2008).
  • Stephen M. Shapiro et al., Supreme Court Practice, ch. 17 (10th ed. 2013).
  • Ira Brad Matetsky, "The Publication and Location of In-Chambers Opinions", introduction to 4 Cynthia Rapp & Ross E. Davies, eds., In Chambers Opinions by the Justices of the Supreme Court of the United States (Green Bag Press supp. 2, 2005).
  • Sandra Day O'Connor, "The Changing Role of the Circuit Justice", 17 U. Toledo L. Rev. 521 (1986).
  • Cynthia Rapp, "In Chambers Opinions by Justices of the Supreme Court", 5 Green Bag 2d 175 (2002).
  • Cynthia Rapp, Introduction to 1 Cynthia Rapp & Ross E. Davies, eds., In Chambers Opinions by the Justices of the Supreme Court of the United States, p. v (2004).
  • Stephen M. Shapiro & Miriam R. Nemetz, "An Introduction to In-Chambers Opinions", 2 Cynthia Rapp & Ross E. Davies, eds., In Chambers Opinions by the Justices of the Supreme Court of the United States (2004).
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