What is dissenting and concurring opinion?
Asked by: Mr. Jayce Douglas II | Last update: May 21, 2026Score: 4.3/5 (44 votes)
Dissenting and concurring opinions are judicial statements that differ from the main (majority) court decision, with a dissenting opinion disagreeing with the majority's conclusion and reasoning, while a concurring opinion agrees with the outcome but offers different legal reasons or highlights other important points. Both types provide deeper insight into the case by showing alternative legal interpretations and influencing future cases.
What is a concurring and dissenting opinion?
Concurrences explain the appellate judge's vote and may discuss parts of the decision in which the appellate judge had a different rationale. “Dissenting opinion,” or dissent, is the separate judicial opinion of an appellate judge who disagreed with the majority's decision explaining the disagreement.
What is a dissenting opinion?
A dissenting opinion refers to an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case. A party who writes a dissenting opinion is said to dissent.
Why do justices write concurring and dissenting opinions?
But a dissenting or concurring opinion, disclosing not only disagreement but reasons therefor, is some showing of the extent to which the author has fulfilled his judicial duty to consider and decide, and some indication, too, that other members of the court have con- sidered and rejected, not merely ignored, the views ...
What is an example of a concurring opinion?
A well-known example of this phenomenon is Escola v. Coca-Cola Bottling Co. (1944). Concurring opinions may be held by courts but not expressed: in many legal systems the court "speaks with one voice" and thus any concurring or dissenting opinions are not reported.
Concurring Opinions, Dissenting Opinions, and Case Law
What is the opposite of a dissenting opinion?
A concurring opinion is not a dissenting opinion, because the authors and cosignatories still agree with the legal decision of the majority as it pertains to the legal ruling of the case.
What are the 4 types of Supreme Court opinions?
Definition: Written statements explaining the Supreme Court's decision in a case. Opinions fall into four types: opinions of the Court (majority opinions), judgments of the Court (plurality opinions), concurring opinions, and dissenting opinions.
Why would a judge write a concurring opinion?
A justice may write one to influence the legal community's interpretation of the opinion for the Court. A concurring justice may seek to limit the implications or reach of the Court's decision or, conversely, may suggest that the opinion of the Court states too limited a rule of decision.
What is a dissenting vote?
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
Who writes the dissenting opinion in the Supreme Court?
If a Justice agrees with the outcome of the case, but not the majority's rationale for it, that Justice may write a concurring opinion. Any Justice may write a separate dissenting opinion.
What does concurring opinion mean in government?
A concurring opinion is an appellate opinion of one or more justices or judges which supports the result reached in a case for reasons not stated in the majority opinion.
What does dissenting mean?
Definition of 'dissenting'
1. to have a disagreement or withhold assent. 2. Christianity. to refuse to conform to the doctrines, beliefs, or practices of an established church, and to adhere to a different system of beliefs and practices.
Who dissented in Trump v. Casa?
Justice Sonia Sotomayor filed a dissent which was joined by Justices Elena Kagan and Ketanji Brown Jackson. Sotomayor argued the government had avoided requesting a complete stay of the injunctions because doing so would require them to prove Executive Order 14160 was likely constitutional.
Why do judges write dissenting opinions?
First and foremost, a dissenting opinion memorializes the reasons for the dissenter's disagreement with the majority opinion. The source of the disagreement may rest on additional facts or relevant law omitted from the majority opinion, or both.
What does it mean if a judge has a dissenting opinion?
A dissenting opinion is a formal statement made by a judge or judges in a court of appeals, including the U.S. Supreme Court, who disagree with the majority ruling. This opinion outlines the reasons for their disagreement and may highlight different legal interpretations or concerns.
What famous cases had strong dissents?
Famous U.S. Supreme Court cases with influential dissents include Plessy v. Ferguson (Harlan's "Our Constitution is color-blind" dissent), Dred Scott v. Sandford (Curtis's dissent), Olmstead v. United States (Brandeis's dissent on privacy), and Korematsu v. United States (Jackson's dissent against Japanese Internment), with Justices like RBG, Scalia, and Holmes also known for powerful dissents that often foreshadowed future legal shifts.
What is an example of dissenting opinion?
Consider perhaps the most famous dissenting opinion in American legal history: Justice John Marshall Harlan's lone dissent in Plessy v. Ferguson (1896). The court majority in Plessy upheld a Louisiana law mandating separate railway accommodations based on race.
What is another name for dissenting?
complaining disagreeing dissident heretical more negative negative skeptical.
Who can overturn a Supreme Court decision?
A Supreme Court decision can be overturned by the Supreme Court itself in a later case (stare decisis), through a constitutional amendment passed by Congress and states, or if Congress passes new legislation to clarify or change the law the Court interpreted (for statutory, not constitutional, rulings). While the Court is the ultimate interpreter of the Constitution, these mechanisms allow for changes in interpretation or law over time.
How often do judges write dissents?
There were dis- senting opinions in 62 percent of the cases in our sample. 5 We find that majority opinions are longer when there is a dissent and that dissents are rarely cited in either the courts of appeals or the Supreme Court.
Do concurring opinions matter?
Concurring opinions are not binding since they did not receive the majority of the court's support, but they can be used by lawyers as persuasive material. There are some rare circumstances in which the concurring opinion eventually becomes law, such as in Escola v. Coca-Cola Bottling Co.
Why should dissenting opinions as well as the majority opinion?
While a majority opinion settles disputes as to how the law should be applied to a particular set of facts, dissenting opinions highlight potential flaws in the majority's reasoning and unsettled questions that remain in the wake of the court's decision.
What does it mean if a judge has a concurring opinion?
A concurring opinion is a type of judicial opinion that agrees with the decision made by the court but provides additional commentary or reasoning. Judges may use concurring opinions to explain their perspectives on the case, even if they arrive at the same conclusion as the majority.
How much do Supreme Court justices make?
As of January 2024, a U.S. Supreme Court Associate Justice earns $298,500 annually, while the Chief Justice earns $312,200; these figures are set to increase, with projections for 2025 showing $303,600 for Associate Justices and $317,500 for the Chief Justice, according to data from the Federal Judicial Center and the U.S. Courts.
Who argues cases before the Supreme Court?
The solicitor general of the United States (USSG or SG), is an official in the United States Department of Justice who represents the federal government in cases before the Supreme Court of the United States. The solicitor general is the fourth-highest-ranking official in the Department of Justice (DOJ).