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.

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 John Marshall Harlan, who decried the excesses of the Ku Klux Klan, wrote a scathing dissent in which he predicted the court's decision would become as infamous as that of Dred Scott v. Sandford ( 1857 ).

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 ).

In dissent, Justice John Marshall Harlan II wrote that " nothing in the letter or the spirit of the Constitution or in the precedents squares with the heavy-handed and one-sided action that is so precipitously taken by the Court in the name of fulfilling its constitutional responsibilities.

In his years on the Court, Johnson proved to be a very independent mind: while the Chief Justice, John Marshall, was able to steer the opinions of most of the justices in most cases, Johnson still developed a reputation for dissent.

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.

According to Daniel Richman, former clerk for Thurgood Marshall, Marshall's friendship with Bayard Rustin and Rustin's openness about his homosexuality played a significant role in Marshall's dissent.

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.

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.

In his dissent, Justice Marshall states: " I agree with the court below that the " power to preserve order on the reservation.

In dissent, Justice John Marshall Harlan II lambasted the Court for ignoring the original intention of the Equal Protection Clause, which he argued did not extend to voting rights.

Justice John Marshall Harlan, 1850: Associate Justice of U. S. Supreme Court for 34 years ; cast the lone dissenting vote in Plessy v. Ferguson ; the text of his dissent became the basis for Brown v. Board of Education.

The dissent written by Justice John Marshall Harlan held that the US Congress was always bound to enact laws within the jurisdiction of the Constitution.

Justice Thurgood Marshall, who wrote the dissent, objected to the court's statement that a police officer's estimation of probable cause is equal to a magistrate's, insisting that it ignores the importance of a neutral and uninvolved magistrate to issue warrants.

Mr. Justice Douglas wrote in dissent, with Mr. Justice Marshall concurring:

In his dissent in Plessy, Justice John Marshall Harlan borrowed the metaphor of " color blindness " from Tourgée ’ s legal brief.

Justice Marshall F. McComb wrote a brief dissent on the basis that the landmark case, Furman v. Georgia was currently on the docket of the Supreme Court of the United States and that the court should await its decision before ruling.

He explained in his Roth dissent:

Marsh explained the reasons for their dissent in an affidavit which he and Hyde signed on October 24, 1838 in Richmond, Missouri.

In a seven page dissent, Alito sided with Thomas and Scalia's explanation of why they believe the courts had no jurisdiction for this case .< ref >< u > Id .</ u > at 2849-55 .</ ref > He explained why he believed the military commission in this case was legal.