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Who assigns the majority opinion when the chief justice is in the minority?
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Supreme Court of the United States
The west facade of the U.S. Supreme Court building, Washington, D.C.
When the chief justice of the Supreme Court of the United States is not part of the majority in a case, the authority to assign the writing of the majority opinion falls to the longest-serving member of the majority.1
Under normal circumstances, the chief justice holds the authority to assign the opinion when they are a member of the majority. This tradition ensures that the Court's decision-making process remains structured even when the chief justice disagrees with the outcome of a particular case.21