Based on the clerks' memoranda and occasional independent research, all nine justices meet privately to decide whether to accept or deny a petition for review. If four of the nine justices say a case warrants review, it is docketed for oral arguments. Fewer than 100 cases are accepted each term. Before a case is argued, some justices have clerks write a 'bench memo' that summarizes the case and may also suggest questions the justice could ask during oral arguments. After a case is argued, the justices meet in private to take an initial vote and assign the writing of the majority and dissenting opinions.
Clerks usually write the first drafts.
Drafts are circulated to other justices for editing and revision. Clerks are often the conduits for communicating and negotiating between justices about the final wording. When the opinions are finished, they are handed down under the names of the justices. Clerks are never mentioned.