The U. S. argument was affirmed, however, by the dissenting opinion of ICJ member U. S. Judge Schwebel, who concluded that in supporting the contras, the U. S. acted lawfully in collective self-defence in El Salvador's support.

When the Court renders its decision, it will generally do so in a single majority opinion and one or more dissenting opinions.

The Thought Police are those who suppress all dissenting opinion.

A dissenting opinion is presented by followers of the Maliki school of Islamic jurisprudence, who argue that non-Muslims may not be allowed into mosques under any circumstances.

While only the majority opinion is considered precedential, an outvoted judge can still publish a dissenting opinion.

In his widely cited dissenting opinion in Olmstead v. United States ( 1928 ), Brandeis relied on thoughts he developed in his Harvard Law Review article in 1890.

On October 1, 2008, the Court declined to reconsider its opinion in this case, but did amend the majority and dissenting opinions in order to acknowledge that federal law.

Likewise, Justice Antonin Scalia has expressed the same view, in the dissenting opinion of Troxel v. Granville 530 U. S. 57 ( 2000 ):

In a separate dissenting opinion, Justice Stevens also challenged the virtue of an individual reward, analyzing it from the perspective of patent law.

However, the matter was addressed in separate and dissenting opinions, such as the separate opinion of President Guillaume who concluded that universal jurisdiction exists only in relation to piracy ; and the dissenting opinion of Judge Oda who recognised piracy, hijacking, terrorism and genocide as crimes subject to universal jurisdiction.

Justice Douglas, dissenting in Wheeling Steel Corp. v. Glander ( 337 U. S. 562, 1949 ), gave an opinion similar to, but shorter than, the one quoted above, to which Justice Black concurred.

Indeed, Chief Justice William Rehnquist repeatedly criticized the Court's invention of corporate constitutional " rights ," most famously in his dissenting opinion in the 1978 case First National Bank of Boston v. Bellotti.

Justice Frank Murphy offered a dissenting opinion, stating that the Court was effectively giving the FCC a power to regulate networks which had not been given to the FCC by Congress.

* 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:

" The Los Angeles Timess Kevin Thomas issued a dissenting opinion when he reviewed the shortened film, becoming one of its few American champions and calling it " a true screen epic.

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.

Justice Hamilton R. Gamble, a future governor of the state, sharply disagreed with the majority decision and wrote a dissenting opinion.

He is also memorialized there with an official Michigan Historical Marker and a plaque from the State Bar of Michigan for " Michigan Legal Milestones ", namely, his dissenting opinion in Korematsu v. United States, protesting the decision to uphold exclusion orders imposed upon persons of Japanese descent during World War II.

Justice O ' Connor, dissenting in Gonzalez ( transcript ), began her opinion by citing United States v. Lopez, which she followed with a federalist reference to Justice Louis Brandeis's dissenting opinion in New State Ice Co. v. Liebmann.

Educated privately and at a dissenting academy in London, he became chaplain and companion to a Mr Streatfield at Stoke Newington, then a village just north of London but now considered part of Inner London.

Their dissenting opinion, written by Holmes, is found in the companion case of Bartels v. State of Iowa.

In America, it is understood that juries usually weigh the evidence and testimony to determine questions of fact, while judges usually rule on questions of law, although the dissenting justices in the Supreme Court case Sparf et al.

A judge in a subsequent case, particularly in a different jurisdiction, could find the dissenting judge's reasoning persuasive.

This passage was used in Britain by Lord Atkin in his dissenting judgement in the seminal case Liversidge v. Anderson ( 1942 ), where he protested about the distortion of a statute by the majority of the House of Lords.

In a way, an attorney-general acts as yet another judge, but in the Dutch system that does not allow dissenting opinions to be published, it is the only way to reflect different perceptions on a case.

:: Example: But see 418 F. 3d, at 1058 ( O ' Scannlain, J., dissenting from denial of rehearing en banc ) ( observing that it is unlikely that this occurred “ in anything but the exceptional case ”).

After addressing this aspect of the case, Rehnquist examined and agreed with arguments that had been made by the dissenting justices of the Florida Supreme Court.

The other judges presiding on the case were Nathan Clifford, Noah Swayne, Samuel Miller, David Davis, Joseph Bradley, and Ward Hunt with the majority opinion, and Stephen Field and William Strong with the dissenting opinion.

" For example, in the 1964 case Jacobellis v. Ohio, involving whether Ohio could ban the showing of a French film called Les Amants ( French for The Lovers ), the Court ruled that the film was protected by the First Amendment, but could not agree as to a rationale, yielding four different opinions from the majority, with none garnering the support of more than two justices, as well as two dissenting opinions.

In 1884, the Court, controlled 8-1 by Republicans, granted the federal government very broad power to issue Legal Tender paper through the case Juilliard v. Greenman, with only the lone remaining Democrat, Field, dissenting.

" Justice O ' Connor in her dissenting opinion also stated that " a single courageous State may, if its citizens choose, serve as a laboratory ; and try novel social and economic experiments ," and that " his case exemplifies the role of states as laboratories.

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 continued to take a broad view of governmental powers, demonstrated in his dissenting opinion in the case ofYoungstown Sheet & Tube Co. v. Sawyer, which ruled unconstitutional President Truman's wartime seizure of several steel mills to avert a workers ' strike.

Some believe this to be a case of inappropriate censorship, violating freedom of the press, and see the school district as guilty of unconstitutionally censoring dissenting and controversial material.

In his dissenting opinion in the landmark environmental law case, Sierra Club v. Morton, 405 U. S. 727 ( 1972 ), Justice Douglas argued that " inanimate objects " should have standing to sue in court:

In the case of Milliken v. Bradley ( 1974 ), the dissenting Justice William Douglas observed that “ the inner core of Detroit is now rather solidly black ; and the blacks, we know, in many instances are likely to be poorer.

In the 1978 case of Oliphant v. Suquamish Indian Tribe, the Supreme Court, in a 6-2 opinion authored by Justice William Rehnquist concluded that tribal courts do not have jurisdiction over non-Indians ( the Chief Justice of the Supreme Court at that time, Warren Burger, and Justice Thurgood Marshall filed a dissenting opinion ).

Finding support in this position from two other justices ( William J. Brennan and William O. Douglas ), Goldberg published an opinion dissenting from the Court's denial of certiorari in a case, Rudolph v. Alabama, involving the imposition of the death penalty for rape, in which Goldberg cited the fact that only five nations responding to a UN survey indicated that they allowed imposition of the death penalty for rape, including the U. S., and that 33 states in the U. S. had outlawed the practice.

It was made by Justice Stevens, who was uniquely suited to decide on this case as he was a law clerk for Justice Rutledge and actually drafted the dissenting opinion in Ahrens.

The application of the Court's decisions in these cases is not inconsistent with the fact that the other two justices in the Hamdi majority, as well as two of the dissenting justices ( Scalia and Stevens ) were even more restrictive in their willingness to concede any of the detention powers requested by the government for Guantanamo detainees in the Hamdi case.

In these cases, Harlan regularly voted in favor of civil rights — similar to his grandfather, the only dissenting justice in the infamous Plessy v. Ferguson case.

However, the provision added by Article 26 applies in only the case of the presidential reference of bills and the Supreme Court may still issue dissenting opinions in all other circumstances.