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 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 Stevens wrote a dissent in which Justices Souter, Ginsburg, and Breyer joined.

Stevens ended his dissent by noting that serious and " ancient " prejudices facing homosexuals could be aggravated by the " creation of a constitutional shield.

He endorsed the views Justice Stevens had outlined in his dissent in Bowers and wrote: " Bowers was not correct when it was decided, and it is not correct today.

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.

Justice Ruth Bader Ginsburg wrote the dissent which was joined by Stephen Breyer, David Souter, and John Paul Stevens.

Snepp later pointed out that Powell had misstated the factual record and had not reviewed the actual case file ( Powell was in the habit of writing opinions based on the briefs alone ) and that the only justice who even looked at the case file was John Paul Stevens, who relied upon it in composing his dissent.

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.

The U. S. Supreme Court in Lawrence had stated that it was adopting the reasoning of Justice John Paul Stevens in his dissent to Bowers v. Hardwick, which Lawrence overruled.

Justice Stevens dissented separately, agreeing with the points raised in Souter's dissent, but adding some additional observations.

In particular, Stevens noted that neither Justice Iredell's dissent in Chisholm v. Georgia, 2 U. S. 419 ( 1793 ), nor the majority opinion in Hans had addressed situations in which Congress had specifically authorized a lawsuit against a state, and suggested that both opinions had in fact presumed that such a suit was possible.

As is common in opinions to which there are dissents, Stevens ' opinion addressed the major arguments in dissent.

Justice Stevens ' dissent, joined in part by Justice Ginsburg, takes a much more charitable view of the " special relationship " between Hawaii and the United States, believing that " two centuries of Indian law precedent " alone justifies the OHA's voting laws under the Constitution, for " there is simply no invidious discrimination present in this effort to see that indigenous peoples are compensated for past wrongs " ( 3 ).

In his dissent, Justice Stevens suggests the Commerce clause of the Constitution, giving the Federal government the right to regulate handgun sales, can be coupled with the Necessary and Proper Clause, giving Congress the power to pass whatever laws are necessary and proper to carry out its previously enumerated power.

Under the 1939 Code this item was permitted to survive a tax-free reorganization in the Stanton Brewery case, but only over the dissent of Judge Learned Hand, who wrote the majority opinion in the Sansome case, a leading case requiring carryover of earnings and profits in a non-taxable reorganization.

His inability to resist the demands of his nobles was to leave a heritage of disunity in Aragon and further dissent amongst the nobility, who increasingly saw little reason to respect the throne, and brought the Kingdom of Aragon close to anarchy.

Vladimir Stavski, the chairman of the Union, was terrified that he himself would be punished for Pasternak's dissent.

Classical liberalism was often associated with religious dissent and nonconformism.

Manichaeanism was also supported by Persia at the time, compounding religious dissent with international politics.

Provincial governors had a great deal of power in local matters, and an army was placed at their disposal to enforce tax collection and suppress dissent.

The Hiscocks gully rally of August 1851 was followed by dissent across the colony's mining settlements.

Francis was from his experiences suspicious and set up an extensive network of police spies and censors to monitor dissent ( in this he was following his father's lead, as the Grand Duchy of Tuscany had the most effective secret police in Europe ).

In 1967 the Holt government made the historic decision not to depreciate the Australian dollar in line with Britain's depreciation of the pound sterling, a custom that Australia had previously always followed, but this decision created considerable dissent within the Coalition ; Country Party leader John McEwen was particularly angered by the move — he saw it as a threat to Australia's balance of payments and feared that it would lead to increased production costs for primary industry.

The publication of the encyclical marks the first time in the twentieth century that open dissent from the laity about teachings of the Church was voiced widely and publicly.

Of the four fast bowlers in the tour party, Gubby Allen was a voice of dissent in the English camp, refusing to bowl short on the leg side, and writing several letters home to England critical of Jardine, although he did not express this in public in Australia.

When King Aistulf of the Lombards availed himself of the Italian dissent and invaded the Exarchate of Ravenna in 751, one of his first acts was to institute a crushing poll tax of one gold solidus per head on every Roman citizen.

He was also crucially aided by the crippling dissent within the Labor Party in the 1950s and especially by the ALP split of 1954.

The first statute to address sectarian dissent from England's official religion was issued in 1593 under Elizabeth I and specifically targeted Catholics, under the title " An Act for restraining Popish recusants ".

Because dissent was now regarded as counter-revolutionary, extremist enragés such as Hébert and moderate Montagnard indulgents such as Danton were guillotined in the Spring of 1794.

When faced with internal dissent within his own party his main opponent Idrissa Seck was arrested, accused of treason.

These activities led critics of the Sandinistas to argue that the CDS was a system of local spy networks for the government used to stifle political dissent, and it is true that the CDS did hold limited powers — such as the ability to suspend privileges such as driver licenses and passports — if locals refused to cooperate with the new government.

Although there were elected legislators, from its inception, it was actually a largely one-party dictatorship apart from some minor parties, including the Chinese Youth Party, the National Socialist Party and the Rural Construction Party, with suppression of dissent within the KMT of communists.

The model town of Saltaire was founded, along with others, as a planned environment with good sanitation and many civic, educational and recreational facilities, although it lacked a pub, which was regarded as a focus of dissent.

However, there was considerable dissent within XFree86.

The Idionymon law was passed in Greece to outlaw political dissent.

When Heath called a leadership election at the end of 1974, Powell claimed they would have to find someone who was not a member of the Cabinet that " without a single resignation or public dissent, not merely swallowed but advocated every single reversal of election pledge or party principle ".