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He was noted for his "clear and present danger" majority opinion in the 1919 case of Schenck v. United States.




For more information on Schenck v. United States, (1919), see Related Questions, below.
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Q: What important case did Justice Oliver Wendell Holmes write the majorty opinion?
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Continue Learning about American Government

When will a justice write a dissenting opinion?

A dissenting opinion is written when a justice disagrees with the majority opinion (which carries the force of law). If a justice is writing a dissenting opinion, that means he or she voted with the minority group, and wants to explain the reason why he or she disagrees with the official Opinion of the Court. Dissenting opinions may be cited, but are not enforceable.


Why would a Supreme Court justice write a concurring opinion?

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).


Who was Chief Justice during Schenck v. United States?

Chief Justice Edward Douglas WhiteCase Citation:Schenck v. United States, 249 US 47 (1919)For more information, see Related Questions, below.


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 assigns writing opinions to the justices?

The "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached.The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the verdict.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.For more information about Supreme Court opinions, see Related Links, below.

Related questions

Law is not a brooding omnipresence in the sky..who said it?

Oliver Wendell Holmes Jr., an American jurist and Associate Justice of the Supreme Court of the United States, made this statement in his dissenting opinion in the case of Northern Securities Co. v. United States in 1904.


Does justice like you?

Justice is an abstraction; it has no opinion about me.


Who was on the US Supreme Court when the decision was made relating to forced sterilization?

The US Supreme Court case upholding a policy of forced sterilization for institutionalized patients with mental illness and developmental disorders was Buck v. Bell, (1927). Chief Justice William Howard Taft presided over the Court, but Justice Oliver Wendell Holmes, Jr., wrote the 8-1 majority opinion. Justice Pierce Butler was the sole dissenter in the case.Majority OpinionWilliam Howard Taft (Chief Justice)Oliver Wendell Holmes, Jr., (wrote opinion)James C. McReynoldsLouis BrandeisGeorge SutherlandEdward T. SanfordHarlan F. StoneDissentingPierce ButlerCase Citation:Buck v. Bell, 274 US 200 (1927)


What did oliver wendell Holmes do for African American rights?

He wrote the majority opinion in Nixon v. Herndon.


When will a justice write a dissenting opinion?

A dissenting opinion is written when a justice disagrees with the majority opinion (which carries the force of law). If a justice is writing a dissenting opinion, that means he or she voted with the minority group, and wants to explain the reason why he or she disagrees with the official Opinion of the Court. Dissenting opinions may be cited, but are not enforceable.


Why would a Supreme Court justice write a concurring opinion?

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).


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 an opinion written by a US Supreme Court justice who agrees with the minority opinion?

The term "minority opinion" is a bit unorthodox, considering those who vote against the majority may not be unified in their reasoning. When a Supreme Court justice wants to express disagreement with the opinion of the Court (usually the majority), he or she may write a dissenting opinion. It is not necessary for the dissenting justice to agree with anyone else on the Court.


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


What does a justice write if he agrees with the opinion of the Court but not its reasoning?

The opinion is typically labeled "Concurring in Judgment."


An opinion written by a Supreme Court Justice who disagrees with the outcome of a case is called a?

dissenting opinion


A justice of the supreme court may write a dissenting opinion to?

add points to the majority opinion