Also known as: dissenting opinion · dissenting opinion's · dissent
Written by attorneys · grounded in primary & secondary sources — see below
A separate written opinion by a judge who disagrees with the majority's holding or reasoning. The opinion explains the points of disagreement and may influence future development of the law.
Select any source to read its text and confirm it supports the definition.
Danielle Dixon sued her former sales agent Devon Drake for signing a contract after she had revoked authority. The majority held the revocation effective upon mailing. A dissenting judge wrote separately that actual receipt by the agent was required before termination could occur.
River Dispatch sued its former dispatcher Destiny Davis after she signed a freight contract following an email revoking authority. The majority held the email ended authority upon receipt. A dissenting opinion argued that the email's ambiguous wording left room for continued authority over routine shipments.
A grandmother challenged a city ordinance limiting extended family living arrangements. The majority struck down the ordinance as irrational. A dissenting opinion maintained that the zoning rule was a valid exercise of police power unrelated to any fundamental right.
Same-sex couples challenged state laws barring their marriages. The majority recognized a fundamental right to marry. A dissenting opinion contended that the decision lacked grounding in constitutional text and improperly overrode state democratic processes.
Owners of Grand Central Terminal challenged restrictions on adding an office tower above the building. The majority upheld the restrictions as a valid regulation. A dissenting opinion argued that the rules effected an uncompensated taking of air rights.
A pregnant woman challenged criminal abortion statutes. The majority recognized a constitutional right to choose. Dissenting opinions maintained that the Constitution contains no such right and that the issue should remain with the states.
A dissenting opinion explains why a judge disagrees with the majority result or reasoning. It can clarify the majority opinion, highlight weaknesses in its logic, and provide arguments that may persuade future courts.
Yes. A dissent may articulate principles that a later majority adopts when the composition of the court changes or when the issue is revisited.
They reveal competing interpretations of legal rules and help students understand the strengths and weaknesses of the majority position.
…joined. Messrs. Justices Burger, Douglas, and Stewart filed concurring opinions. Messrs. Justices White and Rehnquist filed dissenting opinions. Syllabus This is an action by a pregnant single woman (Roe) for a declaratory judgment and injunctive relief against the Texas abortion laws, which make it a crime to procure or…