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.

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.

Rayburn's successor, Democrat John William McCormack ( served 1962 – 1971 ), was a somewhat less influential Speaker, particularly because of dissent from younger members of the Democratic Party.

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.

He expresses a dislike for William Rehnquist's conservative slant and Sandra Day O ' Connor's " Rehnquistian " dissent in Penry v. Lynaugh, allowing the execution of the mentally retarded.

Due to efforts of Russian diplomacy, particularly in fostering parliamentary dissent in Great Britain, where the main proponent of action against Russia, William Pitt the Younger, lost support, the Alliance fell apart before it was ready to engage in planned military action against Russia.

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 William O. Douglas filed a partial dissent, but voted with the court regarding Yoder's case.

Some commentators believe that Daubert caused judges to become — in the phrase used in former Chief Justice William Rehnquist ’ s dissent in Daubert — amateur scientists, many lacking the scientific literacy to effectively fulfill their role as gatekeeper of scientific evidence.

His captain, Thomas Stradling, a colleague on the voyage of privateer and explorer William Dampier, was tired of his dissent and obliged by leaving Selkirk.

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 ".

Associate Justice William O. Douglas writes in his dissenting opinion that for the reasons stated by Justice Hugo L. Black in his dissent in Adamson v. California, he believes that the Fourth Amendment is applicable to the States.

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.

In the dissent, Justice William Brennan stated that capital punishment in the United States was unconstitutional, and wrote that the actual effect of this unconstitutional threat to Alford was to induce a guilty plea.

Justice Peter T. Zarella wrote the dissent, joined by Chief Justice William J. Sullivan and Justice Joette Katz.

Writing for the dissent, Justice William O. Douglas claimed that acts, though innocent by nature, may serve a treasonous plan.

Writers like the radicals William Hone and Thomas Jonathan Wooler spread dissent with publications such as The Black Dwarf in defiance of a series of government acts to curb circulation of political literature.

Brennan, Douglas and Marshall were quite liberal, but Harlan was usually conservative, but had a family tradition of supporting the rights of blacks ( his grandfather of the same name had written a strong dissent in Plessy v. Ferguson ).

Justice Stevens, with whom Justices Brennan and Marshall joined in dissent, dissented further from the majority opinion: " the Court orders the dismissal of respondent's complaint even though the State's statute prohibits all sodomy ; even though that prohibition is concededly unconstitutional with respect to heterosexuals ; and even though the State's post hoc explanations for selective application are belied by the State's own actions.

Thereafter, Brennan or Marshall took turns, joined by the other, in issuing a dissent in every denial of certiorari in a capital case, and from every decision in a case which the court did take which failed to vacate a sentence of death.

Brennan also authored a dissent from the denial of certiorari in Glass v. Louisiana.

In dissent, Brennan J suggested that there must be a nexus between Australia and the ' external affair ' involved.