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majority and dissenting
When the Court renders its decision, it will generally do so in a single majority opinion and one or more dissenting opinions.
While only the majority opinion is considered precedential, an outvoted judge can still publish a dissenting opinion.
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.
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.
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.
The dissenting opinions strongly criticized the five justice majority for involving the Court in state-level affairs.
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.
" 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.
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 ).
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.

majority and Justices
Associate Justices, like the Chief Justice, are nominated by the President of the United States and are confirmed by the United States Senate by majority vote.
Justices John Paul Stevens and Sandra Day O ' Connor wrote the majority opinion ; they were joined by David Souter, Ruth Bader Ginsburg, and Stephen Breyer, and opposed by Chief Justice William Rehnquist, Anthony Kennedy, Clarence Thomas, and Antonin Scalia.
In a 4 to 1 decision, the Court ruled in favor of the plaintiff, with Chief Justice John Jay and Associate Justices John Blair, James Wilson, and William Cushing constituting the majority ; only Justice Iredell dissented.
( In that time, there was no " opinion of the Court " or " majority opinion "; the Justices delivered their opinions seriatim, that is, individually, and in ascending order of seniority.
In dissent, Justice Antonin Scalia argued that the Miranda warnings were not constitutionally required, citing a panoply of cases that demonstrated a majority of the then-current court, counting himself, Chief Justice Rehnquist, and Justices Kennedy, O ' Connor, and Thomas, " on record as believing that a violation of Miranda is not a violation of the Constitution.
Justices John Marshall Harlan, Howell Edmunds Jackson, Edward Douglass White, and Henry Billings Brown dissented from the majority opinion.
All these opening sections were joined by Justices Blackmun and Stevens for the majority.
The remainder of the decision did not command a majority, but at least two other Justices concurred in judgment on each of the remaining points.
Justice John Paul Stevens wrote the majority opinion and was joined by Justices William J. Brennan, Jr., Thurgood Marshall, Harry Blackmun, and Lewis Powell.
In the majority were Justices O ' Connor, Stevens, Souter, Ginsburg, and Breyer.
Justice Anthony Kennedy wrote the majority opinion which Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer joined.
He noted that the same rationale used to overturn Bowers could have been used to overturn Roe v. Wade, which the Justices in the majority in Lawrence had recently upheld in Planned Parenthood v. Casey.
Roosevelt claimed that this was intended to lessen the load on the older Justices, rather than being an attempt to achieve a majority that would cease to strike his New Deal acts.
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 Souter, however, joined by Justices Stevens, Ginsburg, and Breyer, argued that enacting VAWA was well within congressional power under the Commerce Clause, and stated that the majority was reviving an old and discredited interpretation of the Commerce Clause.
Because the opinions of Justices Stewart and White were the narrowest, finding only that the death penalty as applied under the statutes in existence at the time was cruel and unusual, theirs are often considered the controlling majority opinions.
Justice Anthony Kennedy wrote for the majority which included Justices Samuel Alito, Clarence Thomas, Antonin Scalia, and Chief Justice John Roberts.
He was willing to compromise to win a majority of Justices.
Ironically, and despite that era's Republican commitment to Reconstruction and black civil rights, all five Justices in the majority were appointed by Republicans ( three by Lincoln, two by Grant ), while the lone Democratic appointee Nathan Clifford dissented.
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.
These lawsuits ultimately came to the Florida Supreme Court in the fall of 1999, when a bare majority ( 4 of the 7 Justices ) found that the electric chair was constitutional in a case brought by death row inmate Thomas Provenzano.
Justice David Souter wrote the majority opinion, which seven Justices joined.
Justices in the majority ( particularly Justices Kennedy and Breyer ) disagreed with Justice Stevens as to whether the " charge " of conspiracy could be maintained to justify the determination of unlawful combatant status.
Justices Breyer, Stevens, O ' Connor, Souter, and Ginsburg established the majority for two parts of the Court's opinion:

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