In Zelman v. Simmons-Harris, the opinion of the Court considered secular purpose and the absence of primary effect ; a concurring opinion saw both cases as having treated entanglement as part of the primary purpose test.

In Youngstown Sheet & Tube Co. v. Sawyer 343 U. S. 579, 644 ( 1952 ), Justice Robert H. Jackson's concurring opinion cites the Third Amendment as providing evidence of the Framers ' intent to constrain executive power even during wartime: " hat military powers of the Commander in Chief were not to supersede representative government of internal affairs seems obvious from the Constitution and from elementary American history.

Justice Arthur Goldberg ( joined by Chief Justice Earl Warren and Justice William Brennan ) expressed this view in a concurring opinion in the case of Griswold v. Connecticut ( 1965 ):

Two justices in the same majority, given the opportunity, might write very different majority opinions ( as evidenced by many concurring opinions ); being assigned the opinion may also cement the vote of an Associate who is viewed as only marginally in the majority ( a tactic that was reportedly used to some effect by Earl Warren ).

Brandeis and Holmes again promoted the clear and present danger test, this time in a concurring opinion in 1927's Whitney v. California decision.

The majority did not adopt or use the clear and present danger test, but the concurring opinion encouraged the Court to support greater protections for speech, and it suggested that " imminent danger " a more restrictive wording than " present danger " should be required before speech can be outlawed.

The district court's decision was based upon the 9th Amendment, and the court relied upon a concurring opinion by Justice Arthur Goldberg in the 1965 Supreme Court case of Griswold v. Connecticut, finding in the decision for a right to privacy.

* The concurring opinions of Burger and Douglas, as well as White's dissenting opinion, were issued along with Doe v. Bolton and may be found at:

These lists contain detailed tables about each term, including which Justices filed the Court's opinion, dissenting and concurring opinions in each case, and information about Justices joining opinions.

On remand, the Florida Supreme Court issued an opinion on December 22, 2000 that did not dispute whether December 12 was the deadline for recounts under state law, although this was disputed in a concurring opinion by Florida Supreme Court Justice Leander Shaw.

Chief Justice Rehnquist's concurring opinion, joined by Justices Scalia and Thomas, began by emphasizing that this was an unusual case in which the Constitution requires federal courts to assess whether a state supreme court has properly interpreted the will of the state legislature.

Announced on December 14, 1964, the opinion of the court was delivered by Justice Tom C. Clark, with concurring opinions by Justice Arthur Goldberg, Justice Hugo Black, and Justice William O. Douglas.

" Words uttered under coercion are proof of loyalty to nothing but self-interest ," wrote Black and Douglas in a concurring opinion.

Jackson's concurring opinion in 1952's Youngstown Sheet & Tube Co. v. Sawyer ( forbidding President Harry Truman's seizure of steel mills during the Korean War to avert a strike ), where Jackson formulated a three-tier test for evaluating claims of presidential power, remains one of the most widely cited opinions in Supreme Court history ( it was quoted repeatedly by Supreme Court nominees John Roberts and Samuel Alito during their confirmation hearings ).

Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment to defend the Supreme Court's ruling.

Justice John Marshall Harlan II wrote a concurring opinion in which he argued that privacy is protected by the due process clause of the Fourteenth Amendment.

" Justice O ' Connor, who wrote a concurring opinion, framed it as an issue of rational basis review.

In his concurring opinion in Jacobellis, Justice Potter Stewart, holding that Roth protected all obscenity except " hard-core pornography ," famously wrote, " I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ; and perhaps I could never succeed in intelligibly doing so.

Justice Byron White wrote an opinion concurring in the judgment, which Justice Harry Blackmun and Justice Sandra Day O ' Connor joined in full, and Justice John Paul Stevens joined in part.

Justice Blackmun wrote an opinion concurring in the judgment.

Justice Stevens wrote an opinion concurring in the judgment, which was joined in part by Justice White and Justice Blackmun. Antonin Scalia | Justice Scalia, who wrote the majority opinion in R. A. V.

Justice Powell wrote a separate concurring opinion, and Justice Sandra Day O ' Connor wrote an opinion concurring in the judgment.

: the distinction of natures being by no means taken away by the union, but rather the property of each nature being preserved, and concurring in one Person and one Subsistence, not parted or divided into two persons, but one and the same Son, and only begotten God ( μονογενῆ Θεὸν ), the Word, the Lord Jesus Christ ;

Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members ; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

The three concurring opinions were written by Justices Clark, Douglas and Harlan.

Separate concurring opinions were delivered by Justices Felix Frankfurter and Robert H. Jackson.

:: When, therefore, this court adjudges, as it does now adjudge, that Congress cannot impose a duty or tax upon personal property, or upon income arising either from rents of real estate or from personal property, including invested personal property, bonds, stocks, and investments of all kinds, except by apportioning the sum to be so raised among the States according to population, it practically decides that, without an amendment of the Constitution — two-thirds of both Houses of Congress and three-fourths of the States concurring — such property and incomes can never be made to contribute to the support of the national government.

* The collect of the day is said, followed by commemorations of any concurring feasts according to the rubrics.

That which may perhaps make such equality incredible is but a vain conceit of one ’ s own wisdom, which almost all men think they have in a greater degree than the vulgar, that is, than all men but themselves, and a few others whom by fame or for concurring with themselves they approve.

Justice Thomas, joined by Justice Scalia, issued a strongly worded opinion, concurring in part and dissenting in part, arguing that if Michigan could not remain a prestigious institution and admit students under a race-neutral system, the " Law School should be forced to choose between its classroom aesthetic and its exclusionary admissions system.

Even in the U. S. Supreme Court the poem has had its influence: Justice William Rehnquist, in his concurring opinion in Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U. S. 50 ( 1982 ), called judicial decisions regarding Congress's power to create legislative courts " landmarks on a judicial ' darkling plain ' where ignorant armies have clashed by night.

In two opinions, ( Majority opinion written by Cory J. per La Forest, Gonthier, Cory, McLachlin, Iacobucci and Major JJ., concurring in result: L ' Heureux-Dubé J.

The Court split 6 to 2 in ruling that Baker's case was justiciable, producing, in addition to the opinion of the Court by Justice William J. Brennan, three concurring opinions and two dissenting opinions.

" The U. S. Supreme Court overruled the Florida Supreme Court and stopped their recount via an unsigned " per curiam " opinion in Bush v. Gore, with three Justices ( Rehnquist joined by Scalia and Thomas ) concurring in a separate opinion.

Chief Justice Burger, Justice Rehnquist, Justice Stewart, and Justice Stevens, while concurring in result, would have not relied on the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, but instead, Title VI of the Civil Rights Act.

" Kennedy reviewed the assumption the court made in Bowers, using the words of Chief Justice Burger's concurring opinion in that case, that " Condemnation of practices is firmly rooted in Judeao-Christian moral and ethical standards.

Chief Justice Burger delivered a concurring opinion in the case.

The short concurring opinion by Chief Justice Warren E. Burger emphasized historical negative attitudes toward homosexual sex, quoting Sir William Blackstone's characterization of sodomy as " a crime not fit to be named.

Associate Justice Miller wrote for the Court with Associate Justices Field, Harlan, Woods, Matthews, and Blatchford concurring ; Associate Justices Bradley and Gray, along with Chief Justice Waite, dissented.

The Court in O ' Connor v. Donaldson said that due process is violated by confining a non-dangerous mentally ill person who is capable of surviving safely in freedom, and Chief Justice Burger's concurring opinion noted that such confinement may also amount to " punishment " for being mentally ill, in violation of the interpretation of the Eighth Amendment in Robinson v. California.

Justice Ginsburg also wrote a concurring opinion, joined by Chief Justice Rehnquist, further elucidating the distinction between civil and criminal fines.

Francis Alexander Anglin, Chief Justice of Canada, wrote the majority judgment, with Lamont J. and Smith J. concurring.