Which type of opinions can serve as case law?

Only fully published opinions can serve as case law because they undergo a rigorous vetting process, ensuring they meet the necessary legal standards and criteria. When a court publishes an opinion, it becomes part of the legal record and can be referenced in future cases. This is crucial because case law is built upon precedents set by these published opinions, providing guidance on how similar legal issues might be resolved in the future.

Draft opinions are typically preliminary versions that may not reflect the final ruling and, therefore, are not authoritative. Private opinions lack the public scrutiny and formal acknowledgment necessary to influence future legal decisions. Opinions from non-legal scholars also do not hold weight in the legal arena, as they do not come from recognized judicial authority. Therefore, only fully published opinions contribute to the body of case law, allowing courts to base decisions on established legal principles.