Skip to main content

Glossary card

Dissenting opinion

Definition

A dissenting opinion explains why one or more justices disagree with the Court's judgment or reasoning.

Why it matters

Dissents can clarify stakes, preserve arguments, and influence later cases even though they do not control the result.

In practice

Dissents respond to the majority's rule, factual framing, or institutional approach and often map arguments for future litigants.

Treat a dissent as nonbinding analysis, then compare its critique with the majority's actual holding.

Common confusion

A dissent is not binding law. It is a separate judicial view from justices who did not join the judgment.

Live examples

No published examples yet.