What is a dissenting opinion in a Supreme Court decision?

What is a dissenting opinion in a Supreme Court decision?

• A. It agrees with the majority.
• B. It disagrees with the majority and explains why.
• C. It holds the holding.
• D. It is binding law.

Answer: (B)

A dissenting opinion is the formal written disagreement by one or more justices with the Court’s majority decision. It explains why they would rule differently, outlining alternative legal reasoning, standards, and precedents. It does not establish the rule of decision for the case—that role belongs to the majority opinion’s holding. Dissenting opinions aren’t binding law, though they can influence future cases and sometimes shape how the law develops. (A concurrence, by contrast, might agree with the outcome but for different reasoning.)

A dissenting opinion is the formal written disagreement by one or more justices with the Court’s majority decision. It explains why they would rule differently, outlining alternative legal reasoning, standards, and precedents. It does not establish the rule of decision for the case—that role belongs to the majority opinion’s holding. Dissenting opinions aren’t binding law, though they can influence future cases and sometimes shape how the law develops. (A concurrence, by contrast, might agree with the outcome but for different reasoning.)