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.

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.

Justices Hugo Black and William O. Douglas wrote separate dissenting opinions.

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.

Justice Thomas, joined by Justice Scalia, issued a strongly worded opinion, concurring in part and dissenting in part, arguing that if Michigan could not remain a prestigious institution and admit students under a race-neutral system, the " Law School should be forced to choose between its classroom aesthetic and its exclusionary admissions system.

The four dissenting justices strongly approved of the " gag law ", and felt that the nature of the articles in The Saturday Press, including their recurrent anti-Semitism, their frequent ( allegedly false ) accusations of official misconduct, and their disrespectful and confrontational tone, made them unworthy of protection.

Although loyal to friends, he was strongly opinionated and intolerant of dissenting views.

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.

The Alabama Supreme Court ruled 6-1 that the trial was fair ( the strongly dissenting opinion was from Chief Justice Anderson ).

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.

His reputation among the unpaid and dissenting military took a dive ; and many criticized him for appropriating the entire ransom that the Russians paid for their prisoners from Połonka.

Free-market economists welcomed the Free Trade Agreement, focusing on the gains from trade, while dissenting economists criticized the agreement as a cause of capital flight and job insecurity due to international outsourcing.

In his dissenting opinion in In re Bilski, Judge Mayer criticized the majority for not addressing the preliminary issue of whether the claimed invention was within the useful arts.

The dissenting Justices criticized the court's decision by suggesting that the original rationale for the " automobile exception " was being ignored.

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.

Rhode Island supreme court justice Horatio Rogers, in an 1897 dissenting opinion, wrote of one early mechanical voting machine that

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.

Appeals require leave from the Supreme Court, unless there is a dissenting justice of the CMAC, in which case there is an appeal as of right to the Supreme Court.

* John Marshall Harlan ( 1833 – 1911 ), American Supreme Court associate justice, known as the " Great Dissenter ;" he wrote the lone dissenting opinion in Plessy v. Ferguson ( section R-11 )

Justice Harlan, dissenting: The States have always borne primary responsibility for operating the machinery of criminal justice within their borders, and adapting it to their particular circumstances.

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

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.

The General Medical Council appealed to the Court of Appeal and in October 2006 by a majority decision, with the Master of the Rolls, Sir Anthony Clarke, dissenting, the Court of Appeal upheld the decision of the High Court in part, ruling that Meadow's misconduct was not sufficiently serious to merit the punishment which he had received.

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

Decisions of the court need not be unanimous ; a majority may decide, with dissenting reasons given by the minority.

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.

However, the dissenting justices thought that the suggested warnings would ultimately lead to such a drastic effect — they apparently believed that once warned, suspects would always demand attorneys and deny the police the ability to seek confessions and accordingly accused the majority of overreacting to the problem of coercive interrogations.

It is an instance in which a statement which is neither part of the ruling of the Court, nor part of the opinion of a majority or dissenting minority of the Court has been taken as precedent for subsequent decisions of the Court.

Eighteenth century Ireland was a sectarian state, ruled by a small Anglican minority, over both a majority Catholic population ( most of whose ancestors had been dispossessed of land and political power in the 17th century Plantations of Ireland ), as well to the exclusion of Presbyterian and dissenting Christians from high political office.

In total he wrote sixty-seven majority opinions along with several of the dissenting opinions.

A sharply worded dissenting opinion by Justice Harry Blackmun attacked the majority opinion as having an " almost obsessive focus on homosexual activity.

The GMC appealed to the Court of Appeal and in October 2006 by a majority decision, with the Master of the Rolls, Sir Anthony Clarke, dissenting, the Court of Appeal upheld the decision of the High Court in part ruling that Meadow's misconduct was not sufficiently serious to merit the punishment which he had received .< ref >

" These concepts are expounded in both the majority and dissenting opinions of the cases described below.

" However, he later disappointed Roosevelt by dissenting in Northern Securities Co. v. United States, a major antitrust prosecution ; the majority of the court, however, did rule against Holmes and sided with Theodore Roosevelt's belief that Northern Securities violated the Sherman Anti-Trust Act.

Freedom of expression can also be stifled without institutional interference when majority views become so widely accepted that the entire culture represses dissenting views.

He authored a dissenting report, in which he carefully enumerated the facts that had been intentionally omitted or distorted by the first report ( the majority one ).

In his dissenting opinion in the companion Lockyer case, Justice David H. Souter shot back at the majority: " If Andrade's sentence ... is not grossly disproportionate, the principle has no meaning.

Although the four dissenting justices disagreed with the opinion of the Court regarding whether the children in question had a right to a public education, the dissenters agreed with the majority regarding the applicability of Fourteenth Amendment jurisdiction to illegal aliens.

As long as the dissenting confederate gives an answer that is different from the majority, participants are more likely to give the correct answer.