Why would a judge dissent?
Asked by: Dr. Viviane Koch | Last update: February 16, 2026Score: 4.1/5 (61 votes)
A judge dissents to voice disagreement with the majority, often due to different interpretations of law or facts, aiming to persuade future courts, influence public debate, highlight flaws, or lay groundwork for the dissent to become law later, preserving minority views and potentially spurring legislative change. It's a way to formally record an alternative legal perspective, even if not binding initially, and challenge the prevailing opinion, as seen in famous dissents that eventually shaped legal doctrine.
What does it mean when judges dissent?
Dissents in the Supreme Court are opinions submitted by justices who disagree with the majority ruling, reflecting differing legal interpretations and philosophies.
What does it mean when a judge descends?
Dissent refers to a disagreement or difference of opinion, particularly in a legal context where judges express an alternative viewpoint from the majority opinion. It also signifies the act of withholding approval or assent to a decision or proposal.
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.
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.
Can A Judge's Dissent Change The Law Later? - 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.
Do dissenting opinions matter?
Unlike majority opinions and similar to concurring opinions, dissenting opinions are not binding law and, therefore, future cases are not obliged to follow them. Nonetheless, dissenting opinions preserve minority viewpoints on contested legal issues and contribute to the public debate of these issues.
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.
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.
Why do judges step down?
While justices can choose to resign, typically motivated by dissatisfaction, political opportunities, or personal circumstances, retirements often occur due to age or health issues.
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 purpose of dissent?
Dissent is an important part of democratic societies—it allows people to express disagreement and influence change.
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.
How to deal with dissent?
How to Handle Dissenting Opinions or Disagreements
- Create a safe space for dialogue. People are more likely to share their dissenting opinions if they feel safe and respected. ...
- Listen actively. ...
- Ask clarifying questions. ...
- Seek common ground. ...
- Be open to change.
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.
Can a judge show favoritism?
Courts are required to make sure that each judge's orders, rulings, and decisions are based on the sound exercise of judicial discretion and balancing competing rights and interests, rather than being influenced by stereotypes or biases. (Cal Rules of Ct, Standards of J Admin 10.20(b)(3).)
Who holds a judge accountable?
Judges are held accountable through internal judicial oversight (like judicial councils investigating complaints), external disciplinary bodies (like state commissions on judicial performance), appeals courts, and legislative impeachment processes for federal judges, alongside public accountability via open court proceedings, ethical codes, and elections for some state judges. Anyone can file complaints, but investigations and potential sanctions (warnings, suspension, or removal) are handled by specific bodies that balance judicial independence with public trust, notes this page from the US Courts website.
How to prove bias from a judge?
Proving judicial bias involves documenting specific, objective actions or statements showing prejudice (not just rulings you dislike), filing a formal motion for recusal with an affidavit detailing facts and reasons (often requiring a certificate of good faith), and preserving the issue for appeal by objecting during the proceedings, all while focusing on evidence like transcripts and decisions, ideally with an attorney's guidance. The standard looks for bias from an "extrajudicial source" (outside the case) that a reasonable person would find concerning, not just a judge's rulings.
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.
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 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.
What happens when a judge dissents?
First, a judge may write a dissent to persuade the majority, and the dissenting opinion may ultimately become the majority opinion. Second, a dissent can improve the majority opinion by pointing out the majority's mistakes either in its description of the facts, the law, or in its reasoning.
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.
Why do judges disagree on rulings?
Judges may dissent to influence their colleagues, shape future precedent, or even position cases for higher court review.