Do Justices Write Concurring and Dissenting Opinions?

A dissenting opinion is an opinion written by a justice who disagrees with the majority opinion. In the U.S. Supreme Court, any justice can write a dissenting opinion, and this can be signed by other justices.

Can a justice write a concurring opinion?

If a Justice agrees with the outcome of the case, but not the majority's rationale for it, that Justice may write a concurring opinion. Any Justice may write a separate dissenting opinion. When there is a tie vote, the decision of the lower Court stands.

Why do judges write concurring and dissenting opinions?

But primarily, concurrences and dissents tell us what the Justices think about an area of the law, and they often contain valuable clues as to what other cases they're looking for, and what areas of law they wish to influence.

James H. Sterling

James H. Sterling

Environmental Science & Climate Journalist

James Sterling reports on renewable energy developments, climate policy, ecological conservation, and green tech innovations around the globe.