Also known as: minority opinions · dissent · dissenting opinion
Written by attorneys · grounded in primary & secondary sources — see below
A judicial opinion written by one or more judges who disagree with the decision reached by the majority of the court.
Select any source to read its text and confirm it supports the definition.
Maria Morales received a termination letter from her principal but continued signing contracts. The majority held that authority ended upon mailing under the applicable rule. A minority opinion maintained that actual receipt was necessary before termination took effect.
Pioneer Grain Co-op emailed Luis that buying authority was suspended. The majority concluded his authority ended upon receipt of the email. A minority opinion contended that the agent's disagreement preserved his power to bind the co-op.
State officials defended traditional marriage statutes against constitutional attack. The majority struck down the laws as violating due process and equal protection. A minority opinion insisted that the Constitution left the issue to democratic processes in the states.
Penn Central challenged New York City's denial of an office tower above Grand Central Terminal. The majority upheld the landmarks law as a valid regulation. A minority opinion argued that the restriction amounted to an uncompensated taking of air rights.
A city commissioner sued the New York Times over an advertisement criticizing police conduct. The majority required proof of actual malice for recovery. A minority opinion would have applied a lower standard of fault for statements about public officials.
Ambler Realty attacked Euclid's zoning restrictions that limited industrial development on its land. The majority sustained the ordinance as a reasonable exercise of police power. A minority opinion viewed the restrictions as an arbitrary deprivation of property rights.
A minority opinion is written by judges who disagree with the result reached by the majority of the court. It does not bind future courts or the parties but may influence later reasoning or dissents in similar cases.
Supporting sources
Yes. Ideas first expressed in a minority opinion sometimes gain acceptance and are adopted by a majority in subsequent decisions.
Supporting sources
No. A minority opinion disagrees with the judgment itself. A concurring opinion agrees with the result but offers different or additional reasons.
Supporting sources
…Blackmun delivered the opinion of the Court. Mr. Justice Stewart filed a concurring opinion. Mr. Justice Rehnquist filed a dissenting opinion. (Concurring and dissenting opinions of other Justices referenced but not reproduced in this text.) Majority opinion Opinion of the Court by Justice Blackmun This Texas federal…