What is dissenting opinion in the Supreme Court?
Asked by: Jacey Rippin | Last update: May 13, 2026Score: 4.8/5 (58 votes)
A dissenting opinion in the Supreme Court is a formal statement by one or more justices who disagree with the majority's decision, explaining their alternative legal reasoning and why they believe the majority ruling is wrong. While not binding law, dissents preserve minority viewpoints, challenge prevailing interpretations, and can influence future legal thought or even become the law of the land later, as seen with Justice Harlan's famous dissent in Plessy v. Ferguson, notes the Freedom Forum.
What is a dissenting opinion in the Supreme Court?
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.
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 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 do Supreme Court justices' dissenting opinions matter?
U.S. Supreme Court dissenting opinions sometimes influence future opinions of the Court, shape case law, and in some cases, change the course of U.S. history.
What is a dissenting opinion?
Can the president overturn a Supreme Court decision?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself, through a new ruling, or a Constitutional amendment can nullify a decision, though a President can use executive actions, appointments, or influence legislation to challenge or work around rulings over time, with the courts ultimately checking executive power. The President's role is to enforce laws, not interpret them, and they are bound by judicial rulings, even if they disagree.
Can a dissenting vote change anything?
A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned.
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.
How much do Supreme Court justices make?
As of early 2025, the U.S. Supreme Court Chief Justice earns around $317,500, while Associate Justices earn about $303,600, with slight variations depending on the source and specific effective date, reflecting annual adjustments set by Congress. These figures represent significant increases over recent years, with salaries rising from the $274,200 (Associate) and $286,700 (Chief) in 2022.
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).
What is considered the worst Supreme Court case ever?
While "worst" is subjective, Dred Scott v. Sandford (1857) is widely considered the Supreme Court's most infamous decision for its racist reasoning denying Black people citizenship, nationalizing slavery, and pushing the nation toward the Civil War, while other contenders for worst include Plessy v. Ferguson (1896) (upholding "separate but equal"), Korematsu v. U.S. (1944) (sanctioning Japanese internment), and more recently, Citizens United v. FEC (2010) (loosening campaign finance).
What is the most ridiculous Court case?
20 of the Most Ridiculous Court Cases Ever (But They Really Happened!)
- Crocs Shrinking Lawsuit (2023) ...
- Subway Tuna Allegation (2023) ...
- Red Bull Failed to Give Wings (2016) ...
- McDonald's 30-Cent Cheese Lawsuit. ...
- Leonard v PepsiCo (1999) ...
- Carlill v Carbolic Smoke Ball Co. ...
- Pringles and VAT (UK)
Who is the most respected Supreme Court justice?
John Marshall is one of the most influential justices to have served on the Supreme Court of the United States, if not the most influential.
Can the president change the number of Supreme Court justices?
No, the President cannot unilaterally change the number of Supreme Court Justices; that power belongs to Congress, which can pass a law (like the Judiciary Acts) to alter the size, and the President would then sign it, but the President cannot just add justices on their own. Congress sets the number of justices, and while historically it's been nine since 1869, they have the constitutional authority to change it through legislation, though doing so for purely political reasons (like "court packing") is controversial and has never succeeded, notes Stevens & Lee and NBC News.
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.
How biased is the US Supreme Court?
The Court is now divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions.
What is the US president's salary?
The U.S. President's salary is $400,000 per year, a rate set in 2001, plus a $50,000 annual expense account for official duties, travel, and other costs, according to 3 USC 102, History.com, and USA Today. This base salary has remained the same since the early 2000s, with some presidents choosing to donate all or part of it.
Do Supreme Court justices get salary for life?
Yes, U.S. Supreme Court Justices receive a lifetime pension, equivalent to their final salary, once they retire under specific conditions, primarily serving a minimum of 10 years with their age and service years totaling 80 (the "Rule of 80"), ensuring financial security for their lifetime of service and judicial independence. They can also opt for "senior status," continuing to work part-time and earning their active salary while still eligible for retirement benefits later.
What is a senator's salary?
U.S. Senators earn an annual salary of $174,000, a rate set in 2009, while Senate leadership (Majority/Minority Leaders and President Pro Tempore) receive $193,400; these figures are for federal senators, with state-level senator salaries varying significantly by state.
What does dicta mean in law?
In law, a dictum (plural: dicta) is a judge's statement or observation in a written opinion that isn't essential to resolving the specific case, essentially a "remark by the way" (from the Latin obiter dictum). While not binding precedent like the actual holding of a case, dicta can be persuasive in future lawsuits, especially if they are well-reasoned or considered judicial dicta intended to guide future conduct, though their authority varies by jurisdiction.
Are dissenting opinions good for democracy?
This is why dissent, or the expression of opinions different from the majority or the government, is so vital in a democracy. Democracies generally tolerate dissent, recognizing it as essential for healthy debate and accountability.
What are the three opinions of the Supreme Court?
- Majority Opinion. The majority opinion is an appellate opinion supporting the court's judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.
- Concurring Opinion. ...
- Dissenting Opinion. ...
- About Appeals.
What was the dissenting opinion in Trump v US?
In a dissenting opinion, Justice Sonia Sotomayor wrote that granting immunity from prosecution would reshape the institution of the Presidency and risk permitting criminal conduct by presidents.
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.
What is another word that can replace dissenting?
Additional synonyms
- incompatible,
- opposed,
- opposing,
- contrary,
- adverse,
- contradictory,
- inconsistent,
- paradoxical,