Plurality Opinions

One that announces the judgment of the Court but that has been unable to secure the assent of a majority of the participating justices. Plurality opinions have become more numerous since 1970 as the Court has tended to fragment on doctrinal lines.

— William M. Wiecek

The U.S. Supreme Court decides cases by majority vote; more than half of the justices participating must vote in favor of the decision. If the justices in the majority agree to sign a single opinion, they produce a majority opinion for the Court. Now and then, however, there are so many individual concurring opinions that the opinion that garners the most votes is called not a majority opinion but a plurality opinion.

For example, in Dennis v. United States (1951), the Court decided the case by a vote of 6 to 2 (one justice did not participate). Two justices wrote separate concurring opinions and thereby made it impossible for there to be a single majority opinion for the Court. Instead, there was a plurality opinion (signed by four justices), supported in many respects by two justices' concurring opinions, and opposed by the other two justices' dissenting opinions. Thus, Chief Justice Vinson announced the decision of the Court based on a plurality opinion.

See also Concurring opinion; Dissenting opinion; Majority opinion; Opinions of the Supreme Court

It has been suggested that this article or section be merged with Dissenting opinion, Majority opinion and Concurring opinion into Legal opinion. (Discuss)

A plurality opinion is the opinion from a group of justices, often in an appellate court, in which no single opinion received the support of a majority of the court. The final decision is determined by the opinion which received support from a mere plurality of the court. That is, the plurality opinion did not receive the support of half the justices, but received more support than any other opinion.

See also

• Opinion
• Majority opinion
• Dissenting opinion
• Concurring opinion

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