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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 ...
A unanimous opinion is one in which all of the justices agree and offer one rationale for their decision. A majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision.
A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may ...
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).
The 2024 election results suggest that the Trump majority may soon have cause for second thoughts, as the proposed tax cuts and tariffs could lead to increased inflation and worker shortages ...
If a vacancy does open on the Supreme Court during a Democratic presidency, Republicans wouldn’t need to rush to fill it: they would maintain a comfortable conservative majority even with the ...
Once the draft opinion has been reviewed, the remaining justices may recommend changes to the opinion. Whether these changes are accommodated depends on the legal philosophy of the drafters as well as on how strong a majority the opinion garnered at conference. A justice may instead simply join the opinion at that point without comment.
“You are entitled to your opinion. But you are not entitled to your own facts.” That famous line from Sen. Daniel Patrick Moynihan (D-N.Y.) remains a virtual mantra for politicians and pundits.