Why Is Concurring Opinion Important

If state rules need revision Congress is free to alter them. Concurring Opinion While a majority opinion stands as the judicial opinion agreed upon by more than half of the court a concurring opinion allows for more legal support.

Majority Concurring Dissenting Opinions Of The Supreme Court Video Lesson Transcript Study Com

If the majority disagrees with the decision of a lower court the Court will reverse that courts decision.

Why is concurring opinion important. The opinion concurring opinions are more dif cult to understand than dis-sents. When it comes to judicial opinions the. Written by justices who do not agree with courts majority opinion.

Sometimes the law will develop such that a concurring opinion will actually become the guidepost for future decisions in the area. Dissents disagree with both the outcome and the legal reasoning of the majority opinion and previous research shows dissents are primarily the result of ideology speci cally the ideological distance between the justice and. When a Supreme Court justice writes a concurring opinion it signals he agrees with the ultimate decision made by the majority of the court but not with the reasons the decision was reached.

Why are precedents so important. What We Learn from Concurrences and Dissents Today concurrences and dissents carry no legal weight. Concurring Opinions Another type of opinion that can be delivered in addition to the majority opinion is a concurring opinion.

Concurring and Dissenting Opinions Often there are multiple opinions within the document because the justices are not in agreement. Any other Justice was of course welcome to write their own opinion either in support of the final judgment or expressing their displeasure with it. It allows justices to help shape the interpretation of that opinion by lower courts state agencies and other bodies that have to implement the courts.

This is all written down at the head of the opinion. If they agree with the decision of the Opinion of the Court but disagree as to the reasoning as to why that outcome is the right one it is a concurring opinion If it disagrees with the outcome of the Opinion of the Court it is a dissenting opinion. Although she agrees with the outcome the concurring justice may feel that the majority arrived there the wrong way and she might want to make sure that her analysis is known.

Justices who agree with the result of the main opinion or the resolution of the dispute between the two parties but base their decision on a different rationale may issue one or more concurring opinion s. That is the power of joining an opinion. In this type of opinion a justice would agree with the majority vote but for different reasons than listed in the majority opinion.

J concurring. And thus concurring and dissenting opinions were born. Because the writing of a separate opinion laying out a narrower view than that which might have been laid out by the majority opinion is a more specific and more fully explained act than is the general decision to join the majority opinion I think attaching weight to the narrowing specific concurrence makes good sense especially if the concurring Justice is still on the Court such that his separate writing bears on.

Yes concurring and even dissenting opinions can be important. To add or emphasize a point that was not made in the majority opinion dissenting opinion. Not state governors not other state officialsbear primary responsibility for setting election rules.

The concurring opinion gives a concurring justice an opportunity to further explain the legal reasoning of a case or to offer a completely different legal reasoning for the decision. And the Constitution provides a second layer of protection too. A classic example was Justice John Marshall Harlans concurring opinion in the Fourth Amendment case Katz v.

This type of opinion can sometimes be seen as a dissenting opinion in disguise. The justice writes his own rationale for the final decision shining a light on another viewpoint.

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