What is the purpose of dissenting opinion?
Asked by: Justus Cartwright | Last update: February 14, 2026Score: 4.2/5 (55 votes)
The purpose of a dissenting opinion is to voice disagreement with a court's majority ruling, highlight potential flaws in its reasoning, preserve minority viewpoints, and influence future legal developments by laying groundwork for potential reversal or legislative action. While not binding law, dissents serve as a legal "marketplace of ideas," challenge the majority, and can persuade future courts or lawmakers to adopt the minority view, as seen in cases like Plessy v. Ferguson, where Justice Harlan's dissent against "separate but equal" later formed the basis for Brown v. Board of Education.
What is the purpose of 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.
What happens after a dissenting vote?
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.
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 are the benefits of dissent?
According to psychology professor and author of In Defense of Troublemakers: The Power of Dissent in Life and Business, Charlan Nemeth, just one dissenting voice provides these three benefits: Broadens our thinking, motivating us to be more flexible and consider more information, often from different sources.
What is a dissenting opinion?
What are the three types of dissent?
Professor Jeffrey Kassing (2011) divided dissent into three types: articulated, latent, and displaced.
What is the power of dissent?
Dissent forces us to question the status quo, consider more information, and engage in creative decision-making. From Twelve Angry Men to Edward Snowden, lone objectors who make people question their assumptions bring groups far closer to truth -- regardless of whether they are right or wrong.
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 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.
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 to do if a judge is biased against you?
If a judge is unfair, you can file an appeal for rulings, request the judge to recuse themselves, file a motion for reconsideration, or submit a formal complaint to the judicial oversight body for misconduct, but you generally cannot sue the judge due to judicial immunity; always document everything and seek legal counsel for strategy.
Who can overrule a Supreme Court decision?
A Supreme Court decision can be overturned by another Supreme Court ruling (a new case), a Constitutional Amendment, or if the ruling interpreted a federal statute, by Congress passing a new law. While the President can't overturn a decision directly, they influence future courts through appointments, and Congress can pass legislation to clarify or change laws interpreted by the Court.
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's 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.
For what two reasons would a justice write a dissenting opinion?
Justices write dissenting opinions primarily to explain their disagreement with the majority decision and to influence future legal considerations. These opinions provide alternative perspectives that might be referenced in later cases.
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.
Is dissenting opinion important?
A dissenting opinion is an opinion written by a judge who disagrees with the majority opinion. It is important because it sets out the reasons why the judge disagrees with the majority and provides another perspective on the case.
Is there a limit to dissenting opinions?
There is no Constitutional Limit on dissenting opinions. The practical limit would be four if a decision was 5–4 and all four in the minority wrote opinions. Remember that opinions don't decide cases, the majority of “votes” decides the outcome.
What happens when a Supreme Court judge dissents?
Significance: Although a dissenting opinion has no legal effect, it allows justices to call attention to perceived errors in the majority's reasoning and to suggest to potential opponents strategies for circumventing or overturning the majority result. Dissents may also influence the Court's final majority opinion.
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)
What is considered the worst Supreme Court case ever?
While subjective, Dred Scott v. Sandford (1857) is widely considered the worst Supreme Court case ever for denying Black people citizenship, fueling slavery, and pushing the nation toward Civil War, with other notorious decisions including Plessy v. Ferguson (1896) (sanctioning segregation) and Korematsu v. United States (1944) (upholding Japanese internment). More recent controversial rulings often cited include Citizens United v. FEC (2010) (campaign finance) and Kelo v. New London (2005) (eminent domain).
What does it mean when a judge says I dissent?
A dissent refers to at least one party's disagreement with the majority opinion. An appellate judge or Supreme Court Justice who writes an opinion opposing the holding is said to write a dissenting opinion.
What is the dissent rule?
Dissent which is an emotional outburst (non-premeditated), is short in duration, and not destructive to game control can be acknowledged, verbally or by gesture, by the referee. But, if it continues, or is repeated within a short time period, the player must be warned.
Is dissent a constitutional right?
The right to dissent finds its Constitutional recognition in the First Amendment provisions protecting freedom of speech and of the press and the right of peaceable assembly and petition for re- dress of grievances. of any member of a court, council or civil assembly to dissent from any action of the majority.