When would a Justice write a dissenting opinion?
Asked by: Percy Koepp | Last update: January 29, 2026Score: 4.2/5 (64 votes)
A Justice writes a dissenting opinion when they disagree with the majority's decision in a case, aiming to highlight flaws in reasoning, preserve minority viewpoints, persuade future courts, or prompt legislative action, even though the dissent isn't binding law. This often occurs when a Justice feels the majority misinterprets the law, ignores important facts, or reaches an unjust conclusion, hoping their written dissent will influence future legal thinking or societal changes.
Why might a justice write a dissenting opinion?
The dissent may disagree with the majority for any number of reasons: a different interpretation of the existing case law, the application of different principles, or a different interpretation of the facts.
What does it mean if a judge has 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.
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.
When should a dissenting opinion be included in a case brief?
Concurring and dissenting opinions are included in a casebook when they present an interesting alternative analysis of the case. Therefore, you should describe the analysis in your case brief. It will help you see the case in a different light.
Why Do Some Justices Write Dissenting Opinions in Supreme Court Cases? | Justice System Explained
What qualifies as 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 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 the most popular reason that cases get dismissed?
The most common reasons cases get dismissed involve insufficient evidence for the prosecution to prove guilt beyond a reasonable doubt, and violations of the defendant's constitutional rights (like illegal searches or seizures), making key evidence inadmissible, alongside issues like witness unavailability, procedural errors, or prosecutorial discretion where charges are dropped due to lack of interest or resources, especially in criminal matters. In civil cases, settlements often lead to dismissal before trial.
What does it mean if a Justice dissents?
Dissents in the Supreme Court are opinions submitted by justices who disagree with the majority ruling, reflecting differing legal interpretations and philosophies.
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 are some examples of dissent?
Dissent examples include a Supreme Court justice writing a dissenting opinion against the majority, protesters holding rallies against government policy, a scientist publishing a paper challenging accepted theories, or even a child verbally disagreeing with a parent, showing different forms from formal legal disagreement to public protest and personal objection. It's expressing a differing view, from a formal written argument in a court to everyday refusal to conform or speak out against established norms, ideas, or authority.
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 a dissenting opinion binding?
Courts and scholars often clarify that a dissenting opinion is not binding. Outside the universe of precedent, that authority defies easy description. Emerging from the pen of a judge wearing a black robe and acting in an official capacity, a dissenting opinion exhibits the form of the law.
Which Justice assigns the writing of the dissenting opinion?
After the votes have been tallied, the Chief Justice, or the most senior Justice in the majority if the Chief Justice is in the dissent, assigns a Justice in the majority to write the opinion of the Court. The most senior justice in the dissent can assign a dissenting Justice to write the dissenting opinion.
What does it mean when a judge writes an opinion?
The judge will explain the ruling in a written document referred to as an <opinion. = The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other.
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 are the two types of dissent?
There are three types of dissent: articulated, latent, and displaced (Kassing, 1998).
- Articulated. Involves expressing dissent openly and clearly in a constructive fashion to members of an organization that can effectively influence organization adjustment. ...
- Latent. ...
- Displaced.
Why is dissent good?
Dissent is crucial for the advancement of science. Disagreement is at the heart of peer review and is important for uncovering unjustified assumptions, flawed methodologies and problematic reasoning. Enabling and encouraging dissent also helps to generate alternative hypotheses, models and explanations.
What is the hardest criminal case to beat?
There's no single "hardest" case, but generally, homicide (especially first-degree), crimes against vulnerable victims (children, elderly), and sex crimes are incredibly tough due to high emotions, severe penalties, complex evidence, and potential jury bias, making them difficult to defend or prosecute effectively. Other challenging cases involve intricate white-collar crimes with complex financial evidence or highly sensitive matters like treason, which has a very high bar for proof.
Who pays court costs if a case is dismissed?
Generally when a case is dismissed cost to Defendant it is pursuant to some agreement between the Defendant and the prosecutor and the Defendant would sign off agreeing to the court costs. If the prosecution unilaterally dismissed, the costs should be assessed to the State.
What are 5 fair reasons for dismissal?
The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs.
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 are examples of dissent?
Dissent examples include a Supreme Court justice writing a dissenting opinion against the majority, protesters holding rallies against government policy, a scientist publishing a paper challenging accepted theories, or even a child verbally disagreeing with a parent, showing different forms from formal legal disagreement to public protest and personal objection. It's expressing a differing view, from a formal written argument in a court to everyday refusal to conform or speak out against established norms, ideas, or authority.
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).