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In the dissenting opinions, Justices Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., and William H. Rehnquist suggested that the result of this ruling would be the elimination of publicly supported single-sex educational opportunities.
Some Related Sentences
dissenting and opinions
When the Court renders its decision, it will generally do so in a single majority opinion and one or more dissenting opinions.
Chief Justice John Roberts rejected this reasoning and this rationale was not cited in any dissenting justice opinions.
Justice Breyer, who dissented, wrote in his most recent book that if he could change three of his dissenting opinions ( while on the Supreme Court ) into a majority, this would be one of them.
However, a dissenting school of thought often found in the opinions of Justice Antonin Scalia is that searches must simply be " reasonable ," and the warrant requirement has been overly emphasized.
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.
Although the suit was unsuccessful, dissenting opinions put the Army — and by association the entire government — on notice that use of individuals without their consent is unacceptable.
The Court's judge in respect of Russia, Anatoly Kovler, explaining his frequent dissenting opinions, noted that " I dislike when the Court evaluates non-European values as reactionary ( Refah v. Turkey )".
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.
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.
* 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.
" The four dissenting justices argued that stopping the recount was an " unwise " violation of " three venerable rules of judicial restraint ", namely respecting the opinions of state supreme courts, cautiously exercising jurisdiction when " another branch of the Federal Government " has a large measure of responsibility to resolve the issue, and avoiding making peremptory conclusions on federal constitutional law prior to a full presentation on the issue.
However, four justices ( Breyer, Souter, Ginsburg, and Stevens ) specifically disputed this in their dissenting opinions, and the remaining two Justices ( Kennedy and O ' Connor ) declined to join Rehnquist's concurrence on the matter.
The dissenting opinions strongly criticized the five justice majority for involving the Court in state-level affairs.
Despite being unable to get a new resolution authorizing force and citing section 3 of the Joint Resolution passed by the U. S. Congress, President George W. Bush asserted peaceful measures could not disarm Iraq of the weapons he alleged it to have and launched a second Gulf War, despite multiple dissenting opinions and questions of integrity about the underlying intelligence.
In Poe, Justice John Marshall Harlan II filed one of the most cited dissenting opinions in Supreme Court history.
" 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.
Chief Justice Warren E. Burger and Associate Justices William H. Rehnquist ( later Chief Justice ) and Byron White issued dissenting opinions.
Both the majority and dissenting opinions focused solely on whether the prosecution had established that the defendant had a predisposition for purchasing such material ( which had only recently been outlawed at the time of his arrest ).
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.
dissenting and Justices
The decision was rendered 5-4, with Chief Justice Salmon P. Chase and Justices Wayne, Swayne and Miller dissenting, and Chief Justice Chase pronouncing a forcible protest.
When the legal tender decision was reversed after the appointment of new Justices, in 1871 and 1872 ( Legal Tender Cases, 79 U. S. 457 ), Chase prepared a very able dissenting opinion.
On June 30, with six Justices concurring and three dissenting, the Supreme Court upheld the right of the two newspapers to publish the material.
Justice John Marshall Harlan wrote a dissenting opinion, which was joined by Justices White and Day.
Despise the fears of progressives, Stone quickly joined the Court's " liberal faction ," frequently dissenting with Justices Holmes and Brandeis and later, Cardozo when he took Holmes ' seat, from the majority's narrow view of the police powers of the state.
One of the dissenting Justices, Leander J. Shaw, Jr., took the extraordinary step of attaching to his opinion three color photographs of Davis's bloody body strapped in the chair.
The Court split 5-4, with Justice Stephen Breyer filing a dissenting opinion in which he was joined by Justices John Paul Stevens, David Souter, and Ruth Bader Ginsburg.
However both affirming and dissenting Justices were decisive that the Constitution required a sharp separation between government and religion and their strongly worded opinions paved the way to a series of later court decisions that taken together brought about profound changes in legislation, public education, and other policies involving matters of religion.
Justice Rutledge wrote another dissenting opinion in which he was joined by Justices Frankfurter, Jackson and Burton.
The majority and dissenting Justices in Everson split over this very question, with Rutledge in the minority by insisting that the Constitution forbids " every form of public aid or support for religion ".
However, Lord Justices Scrutton and Bankes held otherwise and their majority prevailed over Atkin's dissenting judgment.
In the main dissenting opinion, co-signed by Justices Tom Chambers, Susan Owens and Bobbe J. Bridge, Justice Mary Fairhurst asked, “ Would giving same-sex couples the same right that opposite-sex couples enjoy injure the state ’ s interest in procreation and healthy child rearing ?” Justice Tom Chambers issued a separate dissenting opinion co-signed by Justice Susan Owens, while Justice Bobbe J. Bridge issued yet another dissenting opinion.
The opinion of the Court was delivered by Justice William Brennan, while dissenting opinions were filed by Justices Hugo Black and Potter Stewart and Chief Justice Warren Burger.
Justices Black and Douglas concurred only in parts I and II of the opinion, dissenting from part III.
Justices Leroy Rountree Hassell, Sr. and Lawrence L. Koontz, Jr. each authored dissenting opinions and joined in each other's dissent.
Writing dissenting opinions were Associate Justices William O. Douglas, Frank Murphy ( in whose opinion Justice Rutledge joined ), and Wiley B. Rutledge ( in whose opinion Justice Murphy joined ).
dissenting and Harry
A sharply worded dissenting opinion by Justice Harry Blackmun attacked the majority opinion as having an " almost obsessive focus on homosexual activity.
In a dissenting opinion, Justice Harry Blackmun, joined by Burger and Black, suggested that Cohen's wearing of the jacket in the courthouse was not speech but conduct ( an " absurd and immature antic ") and therefore not protected by the First Amendment.
dissenting and .
Although most of the members of the community signed a document issued by Hasan Ali Shah summarizing the practices of the Ismailis, a group of dissenting Khojas surprisingly asserted that the community had always been Sunni.
Michael Coogan writes in regards to both Ecclesiastes and Job that “ Both take positions opposed to the mainstream of the wisdom tradition in the Bible, as exemplified in the book of Proverbs …” Job, along with Ecclesiastes is part of the dissenting or speculative group of wisdom literature within the Old Testament.
They were English Unitarians, a dissenting Protestant sect who rejected the doctrine of the Trinity and were socially and politically discriminated against.
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.
His parents were Presbyterian dissenters ; he was educated in a dissenting academy at Newington Green run by Charles Morton and is believed to have attended the church there.
However, within the wide range of Christianity, there are dissenting views from opposing groups, some of which are Complementarians and Patriarchalists.
The novel has been the subject of various interpretations, primarily focusing on the historical role of book burning in suppressing dissenting ideas.
Further examples cited by Needham supposed to demonstrate dissenting voices from the ancient Chinese consensus actually refer without exception to the Earth's being square, not to its being flat.
He travelled throughout Britain as a dissenting preacher, for which he was often persecuted by the authorities who disapproved of his beliefs.
The new rule was controversial, with two commissioners dissenting, and was later challenged in court by a hedge fund manager.
Even in routine reporting, bias can creep into a story through a reporter's choice of facts to summarize, or through failure to check enough sources, hear and report dissenting voices, or seek fresh perspectives.
This problem proved the more difficult because, in the East, the dissenting groups exceeded supporters of Chalcedon both in numerical strength and in intellectual ability.
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.