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What US Supreme Court case has a majority opinion concurring opinion and dissenting opinion?
Wiki User
∙ 14y ago
Many cases fit these criteria, because split decisions are common on a court where members have mixed political ideologies.
Justices who strongly oppose a majority decision will often write a dissenting opinion(s) in order to record their legal reasoning for consideration in future cases. Justices who sign onto the majority opinion may also issue concurring opinions to clarify or expand on points in the majority opinion; or they may write an individual concurring opinion because they agree with the decision, but not with the legal reasoning used to arrive at that decision.
Here are three recent cases that include majority, concurring, and dissenting opinions:
Lawrence v. Texas, 539 US 558 (2003)
The Court overturned a Texas state law making same-sex intimacy illegal on the grounds that the law violates the Fifth Amendment Due Process Clause.
Majority: Kennedy, joined by Stevens, Souter, Ginsburg and Breyer
Concurring: O'Connor
Dissenting: Scalia, joined by CJ Rehnquist and Thomas; Thomas (separate dissenting opinion)
Kelo v. City of New London, 545 US 469 (2005)
Controversial case in which the Court affirmed the right of New London to exercise eminent domain to transfer land from a private owner to a business developer as a permissible "public use" under the Fifth Amendment Taking Clause.
Majority: Stevens, joined by Kennedy, Souter, Ginsburg and Breyer
Concurring: Kennedy (added details)
Dissenting: O'Connor, joined by CJ Rehnquist, Scalia and Thomas; Thomas (separate dissenting opinion)
Giles v. California, 554 US ___ (2008)
Held that a convicted murdered who claimed evidentiary use of a conversation between the police and his deceased girlfriend was a violation of the Sixth Amendment Confrontation Clause, because the defendant could not cross-examine the witness (he had killed her).
Majority: Scalia, joined by CJ Roberts, Souter, Thomas, Ginsburg and Alito
Concurring: Thomas; Souter, joined by Ginsburg
Dissenting: Breyer, joined by Stevens and Kennedy
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∙ 14y ago
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What are the type of opinion?
Majority, Concurring, Dissenting, and Per Curiam
How does dissenting opinion differ from concurring opinion?
Dissenting means you disagree concurring means you do agree
How does dissenting opinion differ from a concurring opinion?
Dissenting means you disagree concurring means you do agree
What is the difference majority opinion, a dissenting opinion and conccrring opinion?
A concurring opinion is written by a justice who agrees with the outcome reached by the majority, but who came to that conclusion in a different way and wants to write about why. A dissenting opinion is written by a justice who disagreed with the majority and wants his disagreement known and explained
One a Supreme Court Justice disagrees with the majority opinion of the court what is he or she doing?
A US Supreme Court justice who disagrees with the majority opinion writes a dissenting opinion, explaining why he or she disagrees with the majority.
What is a major difference between a majority opinion and dissenting opinion issued by the supreme court?
A majority opinion explains the reasoning behind the courts ruling while a dissenting opinion explains a disagreement with the courts ruling
What do one or more justices write when they disagree with the majority?
A Justice may write a dissenting opinion if he or she votes against the majority and wants to record his or her legal reasoning for consideration in future cases. Dissenting opinions, although written in opposition to the majority, or Court Opinion, may be cited as precedents in future litigation. An opinion that agrees with the decision in the case (although not necessarily the reasoning) is called a concurringopinion.For more information on opinions of the Court, see Related Questions, below.
When a supreme court disagrees with the majority opinion of the court they are?
dissenting.
What does it mean when a Supreme Court issues a dissenting opinion?
When a Supreme Court "dissents" it is disagreeing with the majority opinion.
What does a US Supreme Court justice write when agreeing with the majority?
A concurring opinion
What is the explanation given by justices who do not agree with the decision of the majority?
No. If a Supreme Court justice disagrees with the decision and wants to make his or her opinion a matter of public and judicial record, the justice must write a dissenting opinion.For more information, see Related Questions, below.
Who were the concurring and dissenting justices for Morse v Frederick?
You can take a look at the opinions at the link below.Justice Thomas wrote a concurring opinionJustice Alito wrote a concurring opinion in which Justice Kennedy joinedJustice Stevens wrote a dissenting opinion in which Justices Souter and Ginsberg joinedJustice Breyer wrote an opinion concurring in the judgment in part and dissenting in part
