what is the difference between a supreme court opinion and a supreme court dissent? an opinion is a supreme court decision that the majority of the judges disagree with, while a dissent agrees with the decision. an opinion is a supreme court decision that the majority of the judges agree with, while a dissent disagrees with the decision. an opinion is a supreme court summary of the case, while a dissent is the final decision made on the case. an opinion is a supreme court decision suggested by one of the judges, while a dissent summarizes previous decisions on similar issues.
What is the difference between a Supreme Court opinion and a Supreme Court dissent?
Answer:
When discussing the workings of the Supreme Court, it’s crucial to understand the distinction between a Supreme Court opinion and a Supreme Court dissent. Here are the correct definitions and distinctions:
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Supreme Court Opinion:
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The opinion of the Supreme Court is the official decision of the court in a particular case. This decision is written by one of the justices in the majority and is sometimes called the “majority opinion.” It reflects the view of the majority of the justices on the case and becomes binding precedent.
Example:
- Suppose a case is decided with a 6-3 vote among the justices. The opinion written by one of the six justices in the majority will constitute the “opinion of the court” or the “majority opinion.”
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Supreme Court Dissent:
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A dissent, or “dissenting opinion,” is written by one or more justices who disagree with the majority’s decision. While it does not hold the binding power of the majority opinion, it provides an alternative view and legal reasoning. Dissents can be influential and sometimes predict future shifts in legal interpretations.
Example:
- Using the same 6-3 vote scenario, one of the three justices in the minority might write a dissenting opinion explaining why they believe the majority’s decision is incorrect.
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Key Differences:
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Agreement vs. Disagreement:
- Opinion: Reflects the viewpoint that the majority of the justices agree with concerning the case’s outcome and reasoning.
- Dissent: Reflects the viewpoint of the justices who disagree with the majority’s decision.
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Binding Nature:
- Opinion: The majority opinion becomes the law and serves as binding precedent for lower courts.
- Dissent: Although not binding, a dissenting opinion provides valuable insights and may influence future legal thinking and decisions.
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Purpose:
- Opinion: Intended to formalize the court’s ruling and provide a detailed explanation of the legal rationale.
- Dissent: Aimed at expressing disagreement with the majority’s decision and highlighting alternative interpretations or concerns.
Therefore, the correct statement should be:
“An opinion is a Supreme Court decision that the majority of the judges agree with, while a dissent disagrees with the decision.”
This distinction helps in understanding the intricacies of Supreme Court decisions and the diverse perspectives within the court.