Also known as: plurality opinions · plurality
Written by attorneys · grounded in primary & secondary sources — see below
A judicial opinion that garners the most votes on an appellate court when no single opinion receives support from a majority of the judges.
Priscilla Parks challenges the election of directors at Peak Performance after the incumbent slate receives the most votes but less than a majority. The state supreme court divides sharply on whether the articles permit cumulative voting. The opinion receiving the greatest number of votes resolves the challenge by applying the default plurality standard and upholding the election.
Pierre Poulin faces criminal charges and objects when an expert relies on a non-testifying lab's DNA profile. The Supreme Court splits on whether the Confrontation Clause bars the testimony. The opinion with the most votes holds that the profile served only as a basis for the expert's independent conclusion and therefore did not violate the Clause.
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Parker Phillips sues federal agents for an alleged unlawful search. The appellate panel fragments on whether an implied damages action exists. The opinion attracting the largest bloc of votes supplies the controlling rationale that permits the claim to proceed.
Pamela Phillips contests a state parental-consent statute. The court divides on the proper standard of review. The opinion receiving the most votes reaffirms that an adequate judicial bypass preserves the statute's constitutionality.
Philip Powell seeks recognition of an out-of-state marriage. The panel splits on the scope of liberty and equality protections. The opinion with the greatest support announces the rule that states must license and recognize same-sex marriages.
Priya Prasad objects to admission of a witness's prior statement. The court fragments on whether the statement is testimonial. The opinion drawing the most votes holds that the Confrontation Clause requires cross-examination of the declarant.
The opinion that attracts the largest number of votes becomes the plurality opinion and supplies the judgment of the court. Judges who agree with the result but not the reasoning may write separately.
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A plurality opinion binds when later courts treat it as authoritative on the points it resolves. Its precedential weight depends on how subsequent majorities apply its reasoning.
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A majority opinion commands five or more votes on a nine-member court. A plurality opinion receives the most votes but falls short of a majority, so it decides the case without the full force of a majority rationale.
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Yes. When the plurality's reasoning later garners majority support in subsequent cases, the rule it announced becomes settled precedent.
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…that the Framers thought exceptions would apply even to prior testimony. Cf. Lilly v. Virginia , 527 U. S. 116, 134 (1999) (plurality opinion) ("[A]ccomplices' confessions that inculpate a criminal defendant are not within a firmly rooted exception to the hearsay rule").[^maj-7] IV Our case law has been largely consistent…