Benjamin R. Curtis, one of the two justices who dissented from the majority in Dred Scott v. Sanford, (1857) resigned from the US Supreme Court because of the outcome of that case.
Although John Marshall Harlan I wrote the better-known dissent, accurately predicting the negative consequences the Dred Scott decision would have on society, Curtis highlighted the flaws and false logic in Roger Taney's opinion supporting slavery.
Curtis argued African-Americans were citizens of several states at the time the Constitution was ratified, and went on to enumerate fourteen separate instances where Congress had passed legislation regulating slavery in the territories without challenge. Curtis concluded that Congress had established a precedent that was accepted practice, that the Missouri Compromise was therefore valid, and that the Court should have declared Scott a freeman.
Curtis, disillusioned by the Court capitulating to political pressure and frustrated by the animosity the between justices on either side of the Dred Scott decision, resigned his seat and returned to private practice in Boston.
Case Citation:
Dred Scott v. Sandford, 60 U.S. 393 (1857)
John Rutledge
President Johnson appointed Justice Abe Fortas to the US Supreme Court in 1965. He resigned in 1969 due to a conflict of interest.
A US Supreme Court justice who disagrees with the majority opinion writes a dissenting opinion, explaining why he or she disagrees with the majority.
A concurring opinion
When a Supreme Court "dissents" it is disagreeing with the majority opinion.
When a Supreme Court "dissents" it is disagreeing with the majority opinion.
John Marshall became the Chief Justice of the US Supreme Court on January 31, 1801. His predecessor, Oliver Ellsworth, had resigned in September 1800 because of ill health.
A Supreme Court justice may choose to write a concurring opinion when he or she agrees with the majority decision, but wants to add perceptions or legal reasoning not addressed, or not addressed to that justice's satisfaction, in the majority opinion (opinion of the Court).
No, not at the same time. A US Supreme Court justice can serve in the Senate if he (or she) resigns from the Supreme Court, runs for office, and is elected. A US Senator can become a justice on the US Supreme Court if he (or she) resigns from the Senate (or has already resigned or been voted out of office) and is subsequently appointed by the President and approved by the Senate.
1
add points to the majority opinion
Abe Fortas became a US Supreme Court Justice in October 1965. He resigned in May 1969.