Also known as: dissenting opinions · dissent · minority opinion
Written by attorneys · grounded in primary & secondary sources — see below
A written statement by one or more judges who disagree with the majority decision and its reasoning in a case. The statement explains the points of disagreement and offers an alternative analysis. It has no binding precedential force but may influence future courts or reveal weaknesses in the majority view.
Doris Duffy instructed her sales agent to stop signing new rebate deals after discovering irregularities. The majority ruled that her email clearly ended the agent's authority. One judge issued a dissenting opinion arguing that the message was too ambiguous to terminate the relationship under the applicable standard.
Diane Dawson sent a text to her marketing consultant ending their referral arrangement after a payment dispute. The majority held that receipt of the message terminated authority. A dissenting opinion contended that later acceptance of new clients showed the dissent had not been fully effective.
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Dwight Dorsey challenged a common trust notice procedure on due process grounds. The majority upheld the statutory scheme as sufficient. A dissenting opinion maintained that additional individualized notice was constitutionally required for beneficiaries.
Deanna Davenport contested an ordinance that prevented her from living with her grandson. The majority found the restriction violated substantive due process. A dissenting opinion argued that the ordinance was a valid exercise of local zoning power.
Dylan Duffy sued under state tort law after an accident on railroad property. The majority held that federal courts must apply state substantive law. A dissenting opinion urged retention of a uniform federal rule for such cases.
Damian Decker challenged restrictions on altering a historic terminal building. The majority upheld the regulations against a takings claim. A dissenting opinion concluded that the limitations amounted to an uncompensated taking of property rights.
A dissenting opinion carries no binding precedential force because it does not represent the holding of the court. It can nevertheless influence later decisions in other jurisdictions when courts seek persuasive authority. Well-reasoned dissents sometimes persuade a majority in future cases.
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A dissenting opinion disagrees with the majority's result and reasoning. A concurring opinion agrees with the result but offers different or additional reasons. Both are separate from the majority opinion that constitutes the court's holding.
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A dissenting opinion is not the law when written. Over time a later court may adopt its reasoning and make it part of a new majority opinion. This evolution shows how dissents can shape doctrinal development.
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…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…