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.
This is called a concurring opinion, although it may be labeled "Concurring in judgment only," if the justice votes with the majority but completely disagrees with the logic or case law used to arrive at the decision.
The justice disagrees with the majority opinion.
Dissenting opinion
AnswerIf all nine justices hear a case, a simple majority of five must agree on a decision.ExplanationA decision requires a simple majority of the Justices hearing the case (sometimes fewer than nine justices are available). In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes.
It requires the vote of at least four of the nine US Supreme Court justices to grant a petition for writ of certiorari. If four Justices agree, the Supreme Court will accept the case. This is referred to as the "Rule of Four."
The Chief Justice's decision on a case carries the same weight as the other justices. And yes, it must be a majority opinion for the ruling to stand, but the Chief Justice does not have to agree.
If more justices agree with a concurring opinion than with the opinion of the Court, the decision is called a plurality.
If all nine justices hear a case, five must agree on a decision because five votes represents a simple majority of the full court.A decision requires a simple majority of the Justices hearing the case; sometimes fewer than nine justices are available. In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes. The Court requires a quorum (the minimum number to conduct official business) of at least six justices to hear a case or conduct a vote.On the current Court, votes are often split by ideology. Many decisions are resolved as 5-4 votes because four of the Court members are conservative and four are progressive. Justice Anthony M. Kennedy, who could be regarded as being center-right, is often the swing voter determining which side is in the majority.Those jurists who disagree with the majority are permitted -- but not required -- to write dissenting opinions which also form part of the record, and may be cited in future litigation.In the event of tie votes by the Supreme Court, the lower court's ruling in the case being considered is upheld without comment. In other words, the Supreme Court issues no permanent decision on the laws involved in the case. Optionally, the Court may choose to hear reargument on the case, with the addition of the justice or justices who weren't present during the original oral arguments.For more information, see Related Questions, below.
Five or more justices who agree on a decision form a majority. The written decision is sometimes called the "majority opinion," but is officially known as the "opinion of the Court" to signify its importance.
For a majority ruling on the Supreme Court, a minimum of five out of the nine justices must agree. This is because a majority decision requires more than half of the justices to support a particular outcome or opinion. It is necessary to have a majority in order to establish a binding decision for the Court.
A decision or opinion to which most justices agree may be called a "majority decision" or "majority opinion". When a majority agreeing to a single point-of-view issues a unified written decision, the term is "opinion of the Court."
Dissenting opinionDissenting Opinion
The Supreme Court must have a simple majority to render a decision in a case.
AnswerIf all nine justices hear a case, a simple majority of five must agree on a decision.ExplanationA decision requires a simple majority of the Justices hearing the case (sometimes fewer than nine justices are available). In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes.
The justices of the US Supreme Court vote on each case that is brought before them. The decision of the court is whatever a majority of the justices agree on. Each justice has an equal say in the decision.
The Supreme Court requires a simple majority for a majority decision. Under normal circumstances, this would mean at least five of the nine justices must agree. There have been occasions, however, when fewer than nine justices sat on a case.The Court requires a quorum of six justices to hear a case. A simple majority of six is only four; therefore, it's important to note the correct answer is "simple majority," not necessarily five.
It requires the vote of at least four of the nine US Supreme Court justices to grant a petition for writ of certiorari. If four Justices agree, the Supreme Court will accept the case. This is referred to as the "Rule of Four."
The Chief Justice's decision on a case carries the same weight as the other justices. And yes, it must be a majority opinion for the ruling to stand, but the Chief Justice does not have to agree.
Yes, the US Supreme Court does make unanimous decisions in some cases; however, a decision only requires a simple majority vote of the justices hearing the case. If all nine justices vote, only five need to agree to form a majority.
There are currently 9 Supreme Court Justices, so for there to be a majority ruling, 5 would have to rule a certain way.