The Supreme Court is a court, like any other. The only operative portion of a Supreme Court opinion comes with the conclusion on its final page. The authoring Justice or per curiam court writes that “[t]he judgment of the” lower court is “affirmed,” “reversed,” “vacated,” or “the case is remanded for further proceedings consistent with this opinion.” After the Court announces its judgment, the opinion always ends with four critical words: “It is so ordered.” Retired Chief Justice Burger even authored a book by this title. The Supreme Court’s decisions do not immediately permeate the rule of law from sea to shining sea. These four words trigger a far more mundane process that is typical to all courts.
Under Supreme Court Rule 44, both parties have “25 days after entry of the judgment or decision” to file a petition for rehearing. In the event that the case is urgent, pursuant to Rule 45.2, the Court can direct the clerk “to issue the mandate in [the] case forthwith.” For example, the Court took this action in Bush v. Gore. Indeed, the Court did so as well in Cooper v. Aaron, but its judgment was swiftly resisted in Little Rock. Alternatively, the prevailing party can file an application for the Court to issue the judgment forthwith. The petitioner took this course in Boumediene v. Bush.