What was the dissenting opinion in US v Comstock?
Asked by: Santiago Schmeler | Last update: May 24, 2026Score: 4.7/5 (41 votes)
In United States v. Comstock, the dissenting opinion, led by Justice Clarence Thomas (joined by Justice Scalia), argued the Necessary and Proper Clause doesn't grant Congress power to create a federal civil commitment system for "sexually dangerous persons," stating the law (Adam Walsh Act) doesn't execute an enumerated power but rather creates a new federal police power, usurping states' roles, and that the majority's five-factor test was unsupported by precedent and too broad.
What was the court's 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 is the significance of the United States v Comstock case?
Comstock, 560 U.S. 126 (2010) The Necessary and Proper Clause allows Congress to give the federal government the power to impose civil commitment on sex offenders beyond the period that they can be held after being charged or convicted of a federal crime.
What is a dissenting opinion in the US Supreme Court?
Dissents in the Supreme Court are opinions submitted by justices who disagree with the majority ruling, reflecting differing legal interpretations and philosophies.
Were there any dissenting opinions in Roe v. Wade?
Justices William Rehnquist and White dissented. Rehnquist argued that privacy, in the constitutional sense of illegal search and seizure, has nothing to do with abortion. In his view, since abortion bans implicate no fundamental rights, they must only have some rational basis, such as protecting a fetus.
United States v. Comstock Summary | quimbee.com
Who actually overturned Roe versus Wade?
The U.S. Supreme Court, in the case of Dobbs v. Jackson Women's Health Organization, overturned Roe v. Wade, with a majority opinion written by Justice Samuel Alito and joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett; Chief Justice John Roberts concurred in the judgment but not the full reasoning, while Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented. This 6-3 decision in June 2022 eliminated the federal constitutional right to abortion, returning the authority to regulate or ban abortion to individual states.
What are famous dissenting opinions?
Here is a quick look at some noteworthy dissents from the bench that are still discussed today.
- Dred Scott v. Sandford, March 6, 1857: ...
- Plessy v. Ferguson, May 18, 1896: ...
- Olmstead v. United States, June 4, 1928: ...
- Minersville School District v. ...
- Korematsu v. ...
- Abington School District v. ...
- FCC v. ...
- Lawrence v.
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.
What famous cases had strong dissents?
Famous cases with strong dissents often involve pivotal social issues, such as Plessy v. Ferguson (John Marshall Harlan's "colorblind" dissent), Dred Scott v. Sandford, Olmstead v. United States (Brandeis on privacy), Korematsu v. United States (Jackson on Japanese Internment), and Bush v. Gore (Ginsburg on stopping recounts), with justices like Harlan, Brandeis, Jackson, Scalia, and Ginsburg known for powerful dissents that often foreshadow future legal shifts.
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.
What did the Comstock law make illegal?
Long considered a “zombie law”—meaning it was not enforced but remained on the books—the Comstock Act prohibits the use of the mail and common carriers (such as today's UPS and FedEx) to transport all medications and obstetrical supplies used in abortion care.
What does it mean now that Roe v. Wade is overturned?
The overturning of Roe v. Wade means women's ability to choose to have an abortion or continue a pregnancy is no longer protected by the constitution of the Unites States (Rohan, Editorial: Overturning Roe v. Wade: What are the implications for perinatal nurses?, 2021).
Has the Comstock Act been repealed?
Due to its age, the Comstock Act has been referred to by some commentators, in publications such as MSNBC and Slate, as a "zombie law". However, the Act remains just as effective as does any other federal law unless repealed or amended.
Did the Supreme Court decide on Trump's immunity?
Yes, the Supreme Court ruled in Trump v. United States (July 2024) that President Trump has some immunity from criminal prosecution for "official acts" taken while in office, establishing a framework where absolute immunity applies to core presidential functions (like commanding the Justice Dept. for election-related issues) and a presumption of immunity exists for other official acts, requiring prosecutors to overcome this presumption for non-core duties, while no immunity exists for purely private/unofficial conduct. The ruling sent the case back to a lower court to distinguish between official and unofficial acts, significantly complicating Special Counsel Jack Smith's election interference case.
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.
Why do Supreme Court justices dissenting opinions matter Quizlet?
A dissenting opinion is the opinion of the justices that were on the losing side of the case. It is extremely important that the Court writes dissenting as well as majority opinions because the dissenting opinion can become the majority opinion in the future.
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 the funniest Supreme Court case?
Surprising and Strange Cases in the Supreme Court
- Miller v. Jackson (1977)
- Leonard v PepsiCo (1999)
- Procter & Gamble v HM Revenue & Customs (2008)
- Re A (conjoined twins) (2000)
- R v Dudley and Stephens (1884)
- Hollywood Silver Fox Farm v Emmett (1936)
- R v Thabo-Meli.
What was the worst court case in history?
There's no single "worst" case, but Dred Scott v. Sandford (1857) is often cited as the worst US Supreme Court decision for denying citizenship to Black people and nationalizing slavery, fueling the Civil War. Other contenders for "worst" include Plessy v. Ferguson (separate but equal), Buck v. Bell (forced sterilization), Korematsu v. U.S. (Japanese internment), and Citizens United v. FEC (corporate political spending).
Who appointed more judges, Trump or Obama?
President Obama appointed more federal judges overall (around 320-330) compared to Trump (around 220-240) during their respective presidencies, but Trump appointed more to the influential Circuit Courts and notably appointed three Supreme Court justices in one term, compared to Obama's two, making Trump's impact on the courts arguably deeper despite fewer total numbers.
How many people did Trump pardon?
List of people granted executive clemency in the second Trump presidency. In his role as the 47th president of the United States (January 20, 2025 – present), Donald Trump granted executive clemency to more than 1,600 individuals as of July 23, 2025, all of whom were charged or convicted of federal criminal offenses.
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.
What is the dissenting opinion?
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.
Which Supreme Court decision was most controversial?
Roe v.
Two years after Reed, the Supreme Court handed down one of its most consequential and controversial decisions affecting women's rights. In the 1973 case of Roe v. Wade, the justices were asked to decide if a near-total abortion ban in Texas was constitutional.