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.

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.

Three concurring justices also asserted that the Florida Supreme Court had violated Article II, § 1, cl.

Three of the concurring justices also asserted that the Florida Supreme Court had violated Article II, § 1, cl.

On June 30, with six Justices concurring and three dissenting, the Supreme Court upheld the right of the two newspapers to publish the material.

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.

" 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.

Frankfurter reaffirmed this view in a concurring opinion written for the 1951 Dennis v. United States Supreme Court ruling.

In a 2008 U. S. Supreme Court decision involving the constitutionality of a law enacted by the New York Legislature, Justice John Paul Stevens wrote in his concurring opinion: " s I recall my esteemed former colleague, Thurgood Marshall, remarking on numerous occasions: ' The Constitution does not prohibit legislatures from enacting stupid laws.

This was the first time that the word " racism " found its way into the lexicon of words used in Supreme Court opinion ( he used it twice in a concurring opinion in Steele v. Louisville & Nashville R. Co. 323 U. S. 192 ( 1944 ) issued that same day ).

The penumbra-based rationale of Griswold has since been discarded ; the Supreme Court now uses the Due Process Clause as a basis for various unenumerated privacy rights, as Justice Harlan had argued in his concurring Griswold opinion, instead of relying on the " penumbras " and " emanations " of the Bill of Rights as the majority opinion did in Griswold.

The Supreme Court has interpreted those two clauses identically, as Justice Felix Frankfurter once explained in a concurring opinion: “ To suppose that ‘ due process of law ’ meant one thing in the Fifth Amendment and another in the Fourteenth is too frivolous to require elaborate rejection .” In 1855, the Supreme Court explained that, to ascertain whether a process is due process, the first step is to “ examine the constitution itself, to see whether this process be in conflict with any of its provisions.

Brewer was an active member of the Supreme Court, writing often in both concurring and dissenting opinions.

In some courts, such as the Supreme Court of the United States, the majority opinion may be broken down into numbered or lettered parts, and then concurring justices may state that they join some parts of the majority opinion, but not others, for the reasons given in their concurring opinion.

In other courts, such as the Supreme Court of California, the same justice may write a majority opinion and a separate concurring opinion to express additional reasons in support of the judgment ( which are joined only by a minority ).

* The term concurring opinion is used at the Supreme Court of the United States.

" As recently as 2001, in the Supreme Court case of Kyllo v. United States, 533 U. S. 27 ( 2001 ), the article was cited by a majority of justices, both those concurring and those dissenting.

" The case was unanimously overturned by the Supreme Court in 1999 in a decision written by fellow Alberta jurist, Justice Major ; a concurring opinion by Quebec jurist, Justice L ' Heureux-Dubé described his decision as perpetuating " archaic myths and stereotypes ".

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.

He wrote 247 opinions for the Court, 132 concurring opinions, and 251 dissents.

In his concurring opinion, Justice Black explained that "' alice ,' even as defined by the Court, is an elusive, abstract concept, hard to prove and hard to disprove.

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.

Laws that " shock the conscience " of the Court were generally deemed unconstitutional in Rochin v. California, though concurring Justices Black and Douglas argued that pumping a defendant's stomach for evidence should have been deemed unconstitutional on the narrower ground that it violates the Fifth Amendment's ban on self-incrimination.

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.