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Glossary card

Concurring opinion

Definition

A concurring opinion agrees with the Court's judgment but explains separate or narrower reasoning.

Why it matters

Concurrences can mark limits on the majority opinion or show where future legal disputes may develop.

In practice

A concurrence may join the judgment, join only part of the majority, or supply a narrower rationale that lower courts must parse.

Count which justices joined each rationale; a concurrence can control only when it supplies the narrowest necessary ground.

Common confusion

A concurrence is not the controlling opinion unless enough justices join the reasoning that controls the judgment.

Live examples

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