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A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court 's decision) may have drastically different reasons for their votes, and cannot agree on ...
Opinion of the court: this is the binding decision of the Supreme Court. An opinion that more than half of the justices join (usually at least five justices, since there are nine justices in total; but in cases where some justices do not participate it could be fewer) is known as "majority opinion" and creates binding precedent in American law.
In a divided vote, the majority of the judges felt bound by the precedent set in State v. Babst (1922) by the Supreme Court of Ohio, which upheld the "statutory predecessor" of section 3599.09(A). The judge who dissented from the opinion argued that the U.S. Supreme Court's intervening decision in Talley v.
Kahler v. Kansas, 589 U.S. ___ (2020), is a case of the United States Supreme Court in which the justices ruled that the Eighth and Fourteenth Amendments of the United States Constitution do not require that states adopt the insanity defense in criminal cases that are based on the defendant's ability to recognize right from wrong.
In his opinion, Chief Justice John Jay begins by breaking down the argument made by the plaintiffs into four different questions: [5] Can the State of Georgia, being one of the United States of America, be made a party-defendant in any case, in the Supreme Court of the United States, at the suit of a private citizen, even although he himself is ...
The majority opinion stated, "[C]lassifications based on alienage, like those based on nationality or race, are inherently suspect and subject to close judicial scrutiny. Aliens as a class are a prime example of a 'discrete and insular minority' for whom such heightened judicial solicitude is appropriate."
A simple concurring opinion arises when a judge joins the decision of the court but has something to add. Concurring in judgment means that the judge agrees with the majority decision (the case's ultimate outcome in terms of who wins and who loses) but not with the reasoning of the majority opinion (why one side wins and the other loses).
Instead, they created a historic intent test: "There is an unbroken history of official acknowledgement by all three branches of government of the role of religion in American life from at least 1789". This opinion, delivered on the final day of the court's 2004-2005 term, [3] would prove to be Rehnquist's last opinion as Chief Justice.