The Lincoln Mills decision authorizes a whole new body of federal `` common law '' which, as Mr. Justice Frankfurter pointed out in dissent, leads to one of the following `` incongruities '': `` ( ( 1 ) conflict in federal and state court interpretations of collective bargaining agreements ; ;

Finally, Hughes joined Justice Day's dissent in

While the U. S. Supreme Court majority in 1896 Plessy explicitly upheld only " separate but equal " facilities ( specifically, transportation facilities ), Justice John Marshall Harlan in his dissent protested that the decision was an expression of white supremacy ; he predicted that segregation would " stimulate aggressions … upon the admitted rights of colored citizens ," " arouse race hate " and " perpetuate a feeling of distrust between races.

In particular, Supreme Court Justice Hugo Black wrote in a dissent that " t is high time, in my judgment, to wipe out root and branch the judge-invented and judge-maintained notion that judges can try criminal contempt cases without a jury.

Because it allows for community standards and demands " serious " value, Justice Douglas worried in his dissent that this test would make it easier to suppress speech and expression.

In the landmark decision Nixon v. General Services Administration former Chief Justice of the United States William Rehnquist declared in his dissent the need to " fully describe the preeminent position that the President of the United States occupies with respect to our Republic.

Justice Scalia ( joined by Chief Justice Roberts ) wrote in dissent that " the proposed Eighth Amendment would have been laughed to scorn if it had read ' no criminal penalty shall be imposed which the Supreme Court deems unacceptable.

Writing for a four-Justice dissent in Alden, Justice David Souter said the states surrendered their sovereign immunity when they ratified the Constitution.

In his dissent, Justice Marshall explained the history of the Section 2 in relation to the Post-Civil War Reconstruction era:

Granting free men of color the right to vote could be seen as giving them the rights of citizens, an argument explicitly made by Justice Curtis's dissent in Dred Scott v. Sandford:

In his dissent to the Pollock decision, Justice John Marshall Harlan stated:

Justice Stevens, J. wrote, in partial dissent:

Justice Breyer argued in his dissent that it is highly unlikely any artist will be more inclined to produce work knowing their great-grandchildren will receive royalties.

" In dissent, Justice William Brennan argued that the need to preserve military discipline should not protect the government from liability and punishment for serious violations of constitutional rights:

Justice Sandra Day O ' Connor, writing a separate dissent, stated:

" Justice Jackson had initially planned to join a dissent in Brown.

Justice Douglas threatened to write a dissent from the reargument order ( he and the other liberal Justices were suspicious that Rehnquist and Powell would vote to uphold the statute ), but was coaxed out of the action by his colleagues, and his dissent was merely mentioned in the reargument order without further statement or opinion.

Justice Brennan, author of the majority opinion in Craig v. Boren, provided a brief but notable dissent based solely on Section 2.

In a lengthy dissent, Justice Thomas argued that the plain meaning of Section 2 removed " any doubt regarding its broad scope, the Amendment simplified the language of the Webb-Kenyon Act and made it clear that States could regulate importation destined for in-state delivery free of negative Commerce Clause restraints.

The decision was 7 – 2, and every Justice besides Taney wrote a separate concurrence or dissent.

Justice Stevens ' dissent ( joined by Justices Breyer and Ginsburg ) concluded as follows: The per curiam opinion in Bush v. Gore did not technically dismiss the case, and instead " remanded for further proceedings not inconsistent with this opinion.

The dissent of Justice Stevens was criticized by George Mason University School of Law Professor Nelson Lund.

The decision was handed down by a vote of 7 to 1 with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan.

Justice Antonin Scalia wrote a dissent, which was joined by Chief Justice William H. Rehnquist and Justice Clarence Thomas.

Justice Antonin Scalia wrote a dissent, which Chief Justice William H. Rehnquist and Justice Clarence Thomas joined.

In both cases, William J. Brennan wrote the majority opinion, joined by Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy ( Kennedy also authored a separate concurrence in Johnson ), and the dissenters in both cases were then-Chief Justice William Rehnquist ( who authored a dissent in Johnson ), and Justices John Paul Stevens ( who authored dissents in both cases ), Byron White and Sandra Day O ' Connor.

Justice Antonin Scalia's dissent, joined by Justice John Paul Stevens, went the furthest in restricting the Executive power of detention.

In In re Sealed Case, Silberman held that the procedures for appointing independent counsels violated the Appointments Clause of the Constitution and the separation of powers, because they interfered with the President ’ s ability to ensure that the laws are “ faithfully executed .” This decision was subsequently reversed by the Supreme Court in Morrison v. Olson, over a vigorous dissent by Justice Antonin Scalia.

Justice Antonin Scalia, in dissent, wrote that he was " persuaded ... that the Maryland procedure is virtually constitutional.

Supreme Court Justice Antonin Scalia delivered a dissent that challenged prevailing Supreme Court jurisprudence regarding the Establishment Clause of the constitution.

In dissent, Justices Antonin Scalia, Clarence Thomas and Chief Justice William Rehnquist argued that in spite of the increased number of states which had outlawed the execution of the mentally retarded, there was no clear national consensus, and that even given if there were, there was no basis in the Eighth Amendment for using such measures of opinion to determine what is " cruel and unusual ".

Justice Antonin Scalia commented in his dissent that " seldom has an opinion of this court rested so obviously upon nothing but the personal views of its members ".

* In 2003, U. S. Supreme Court Justice Antonin Scalia, wrote in his dissent in the landmark case Lawrence v. Texas that

The U. S. Supreme Court upheld the Connecticut Supreme Court's decision in favor of the city, in a 5 – 4 decision, with the dissent written by Justice Sandra Day O ' Connor and joined by Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas.

The Supreme Court ruled in favor of Martin in a 7 – 2 decision, with Justice Antonin Scalia writing a dissent.

Samuel Alito, Clarence Thomas and Antonin Scalia joined Roberts in the dissent.

In " Justice Scalia's Misunderstanding ", Gould dissects and decisively rejects Antonin Scalia's dissent in the United States Supreme Court case Edwards v. Aguillard that overturned the last creationist statute in the country.

* The Chief Justice, joined by Justice Kennedy and Scalia, issued a 15-page dissent against the Court's opinion with respect to Titles I and V of the BCRA.

In his view, “ the Court ’ s decision sent a clear message of finality for any future use of the line item veto .” Kennedy also noted that while the majority relied on a strict interpretation or literal textual reading of the Presentment Clause contained in Article I of the United States Constitution, Justice Scalia, in his dissent, “ stray somewhat from his usual strict constructionist approach ... by stressing that the President ’ s act of cancellation would only occur after satisfaction of the Presentment Clause .”

In his dissent, Justice Scalia recalled his prior dissent in Casey in which he had criticized the undue burden standard as " doubtful in application as it is unprincipled in origin.

In his dissent, Scalia drew upon Kurt Vonnegut's story " Harrison Bergeron.

* The majority opinion notes that language in the Congressional Record that the Scalia dissent cites was inserted into the Record after the legislation had been enacted, by Senators Lindsey Graham ( R-SC ) and Jon Kyl ( R-AZ ), and includes falsified quotations attributed to other persons.

" Breyer was joined in his dissent by Justices Rehnquist, O ' Connor, and Scalia.

Justice Scalia also authored his own dissent arguing that Section 505 is constitutional because it regulates the business of obscenity.