Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
constitutional law
A state of conflict between the two houses of Congress regarding the time of adjournment. The condition empowers the President to adjourn the houses to a time the President deems proper.
2
professional responsibility
A fundamental conflict between a lawyer and client over action the client insists upon taking. The conflict permits the lawyer to withdraw from the representation.
Each sense below has its own examples, sources, and questions.
Sense 1
1
constitutional law
A state of conflict between the two houses of Congress regarding the time of adjournment. The condition empowers the President to adjourn the houses to a time the President deems proper.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Constitution
Examples
Sense 2
2
professional responsibility
A fundamental conflict between a lawyer and client over action the client insists upon taking. The conflict permits the lawyer to withdraw from the representation.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Dominic Drake and Dorothy Daniels lead the House and Senate respectively. The chambers reach disagreement over the precise date for ending the session. The President exercises authority to set the adjournment date unilaterally.
Circuit Split Prompts Review
Diana Delgado and Deanna Davenport represent same-sex couples in separate circuits. Lower courts reach conflicting conclusions on marriage recognition. The Supreme Court grants certiorari to resolve the disagreement among the courts of appeals.
Obergefell v. Hodges576 U.S. 644 (2015)
Justices Split on Constitutional Basis
Dominic Drake challenges a state contraceptive ban. Several justices disagree with the majority's chosen doctrinal foundation for invalidating the statute. The opinion records the narrow disagreement over the proper clause while reaching the same result.
Griswold v. Connecticut381 U.S. 479 (1965)
Special Prosecutor Seeks Tapes
Dolores Diaz serves as special prosecutor investigating executive wrongdoing. The President asserts privilege and the parties reach disagreement over production of recordings. The Court holds that judicial process may resolve the disagreement.
United States v. Richard M. Nixon, President of the United States418 U.S. 683, 710 (1974)
Dissent Records Fundamental Split
Derek Douglas litigates a state abortion restriction. The majority invalidates the statute under the Due Process Clause. A dissenting justice registers fundamental disagreement with the constitutional analysis and outcome.
Roe v. Wade410 U.S. 113 (1973)
Frequently Asked2
When does disagreement between the houses allow presidential action?+
The Constitution authorizes the President to adjourn the houses only when they disagree on the time of adjournment. The power is narrow and arises solely from that specific impasse.
Supporting sources
How does disagreement among lower courts affect Supreme Court review?+
A disagreement among the courts of appeals that produces geographic variation in federal law supplies a compelling reason for the Court to grant review and resolve the conflict.
Supporting sources
1
Client Insists on Repugnant Step
Derek Douglas directs his lawyer to file a pleading the lawyer views as fundamentally at odds with professional standards. The lawyer determines that continued representation is untenable because of the disagreement. The lawyer files a motion to withdraw.
Frequently Asked1
Does a lawyer-client disagreement always permit withdrawal?+
Withdrawal is permitted only when the disagreement is fundamental or the action is repugnant to the lawyer. Mere policy differences or ordinary strategic disputes do not satisfy the standard.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…fact and a wealth of legal scholarship. While the opinion thus commands my respect, I find myself nonetheless in fundamental disagreement with those parts of it that invalidate the Texas statute in question, and therefore dissent. I The Court's opinion decides that a State may impose virtually no restriction on the…