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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.
