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 Lewis F. Powell, Jr. delivered a concurring opinion, taking future issue with any legal claims brought against state sodomy laws under the U. S. Eighth Amendment, where the conviction for acts of sodomy result in " cruel or unusual " punishments for those engaging in them: " is not to suggest, however, that respondent may not be protected by the Eighth Amendment of the Constitution.

A conservative clerk advised him to uphold the ban, and Powell, who believed he had never met a gay person ( not realizing that one of his own clerks was a closeted homosexual ), voted to uphold Georgia's law, though Powell in a concurring opinion expressed concern at the length of the prison terms prescribed by the law.

Lewis F. Powell wrote a separate concurring opinion, emphasizing the importance of Congressional approval for administrative policy changes.

In a separate, concurring opinion, Justice Powell ( joined by Justice O ' Connor ) stated that while he agreed with the Court's opinion, he felt that students in primary and secondary educational settings should not be afforded the same level of protection for search and seizures as adults and juveniles in non-school settings.

Later, Justice Douglas, concurring in Eisenstadt, Sheriff v. Baird cited the pamphlet to support striking down restrictions on lecturing about birth control.

Although Altmann's forum shopping was quite transparent, Justice Stephen Breyer, in his concurring opinion, emphasized that the Court was dealing purely with the FSIA retroactivity issue and not with " any legal determination about the merits of Austrian legal procedures.

Justice Ruth Bader Ginsburg wrote a concurring opinion, in which Justice Anthony Kennedy joined, expressing some concern about whether patentees would have sufficient notice that they must explain the reasons for their amendments.

In this case, the Supreme Court ruled 6-3 that the government had not reached the standard required by Near to justify prior restraint, but the concurring justices gave differing opinions about where the line should be drawn.

Justice Scalia wrote a concurring opinion, expressing concern about the judge also acting as rulemaker and enforcer.

" Madison explained that when the Virginia Legislature passed the Virginia Resolution, the " interposition " it contemplated was " a concurring and cooperating interposition of the States, not that of a single State .… he Legislature expressly disclaimed the idea that a declaration of a State, that a law of the U. S. was unconstitutional, had the effect of annulling the law.

Normally, the Law Lords were the members who opined on the law, the other members merely concurring with their opinions.

In L ' Heureux-Dubé's concurring reasons her analysis of the Charter issue applying to common law is succinctly stated: ( at ¶ 206 ):

Burger was opposed to gay rights as he wrote a famous concurring opinion in the Court's 1986 decision upholding a Georgia law criminalizing sodomy ( Bowers v. Hardwick ), in which Burger purported to marshal historical evidence that laws criminalizing homosexuality were of ancient vintage.

Potter Stewart filed a brief concurring opinion where he reiterated his opinion from McLaughlin v. Florida that " it is simply not possible for a state law to be valid under our Constitution which makes the criminality of an act depend upon the race of the actor.

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.

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.

The Court of the King's Bench, led by Lord Mansfield ( with Aston and Willes JJ concurring in judgment, Sir Joseph Yates dissenting ), sided with the publishers, finding that common law rights were not extinguished by the Statute of Anne.

In concurring opinions, Justices Douglas joined by Justices Black and Murphy, and Justice Jackson held that the law violated the Privileges or Immunities clause of the Fourteenth Amendment.

In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.

But concurring opinions can sometimes be cited as a form of persuasive precedent ( assuming the point of law is one on which there is no binding precedent already in effect ).

The conflict in views between a majority opinion and a concurring opinion can assist a lawyer in understanding the points of law articulated in the majority opinion.

He rejected the Griswold analysis, but found that the law had no currently rational basis, much like Justice White's concurring opinion in Griswold.

A concurring ( but dubious ) passage in the Augustan History claims that he studied law with Severus under Scaevola.

On March 30, 2006, the Supreme Judicial Court upheld the application of the law as it applies to marriages of same sex couples in a complex decision, Cote-Whitacre v. Department of Public Health, with three concurring decisions filed and one dissenting vote.

Justice Scalia, concurring, wrote to express his opinion that the reason an interlocutory appeal would not stand in this case was that " the law does not deem the right important enough to be vindicated " by an interlocutory appeal.